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 2002)
Date: 2002-05-30
Institutions: European Commission
Subjects: EU policy, European citizenship, Treaty on European Union, access to the courts, cooperation policy, crime, fight against crime, foreign policy, immigration, judicial cooperation, narcotic, public safety, refugee, right of asylum

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.5.2002
COM(2002) 261 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 2002)

FOREWORD

The Scoreboard to review progress on the creation of the area of freedom, security and justice
is established by the Commission at regular intervals to monitor progress in the adoption and
implementation of the set of measures needed to attain the objectives set by the Amsterdam
Treaty and the Tampere European Council of 15 and 16 October 1999.

This issue of the Scoreboard, like its predecessors, sets out the objectives and deadlines set at
Tampere and the responsibilities assigned in each case to launch, advance and  complete the
process. To make the progress accomplished easier to follow, the tables distinguish proposals
and initiatives presented, progress in Council and, in appropriate cases, European Parliament
proceedings and work planned for the future. A section on the transposal of instruments that
have  been  adopted  outlines  the  position  regarding  the  adoption  and  implementation  of
decisions and measures taken.

As  on  the  previous  occasion,  a  summary  listing  the  main  achievements  since  Tampere  has
been added in order to help the reader to interpret the tabular presentation.

2

TABLE OF CONTENTS

Summary ...................................................................................................................... 4

A common EU asylum and migration policy............................................................. 11

Partnership with countries of origin ........................................................................... 11

A common European asylum system ......................................................................... 13

Fair treatment of third country nationals.................................................................... 18

Management of migration flows ................................................................................ 23

A Genuine European Area of Justice ......................................................................... 28

Better access to justice in Europe............................................................................... 28

Mutual recognition of judicial decisions.................................................................... 33

Greater convergence in civil law................................................................................ 40

Union-wide Fight against Crime................................................................................ 42

Preventing crime at the level of the Union................................................................. 42

Stepping up cooperation in the fight against crime.................................................... 45

Fight against certain forms of crime .......................................................................... 58

Special action against money laundering................................................................... 66

Issues related to internal and external borders and visa policy, Implementation of
Art. 62 EC and converting the Schengen Acquis....................................................... 71

Citizenship of the Union ............................................................................................ 79

Cooperation Against Drugs........................................................................................ 81

Stronger External Action............................................................................................ 84

Other current initiatives.............................................................................................. 88

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.

3

1. 

SUMMARY

This Part sets out the main progress made in implementing the conclusions of the Tampere
European  Council  since  the  last  version  of  the  Scoreboard  was  presented  by  the
Commission on 30 October 2001. Progress is detailed in the tables below.

The pre-Laeken issue of the Scoreboard included a mid-term review by the Commission of
progress made in carrying out the Tampere programme. As was stated there, the detail of
the measures to be taken is now well known and most of them have  been tabled. But the
Commission’s  assessment was  rather less  optimistic  in  areas  where  common  policies  and
legislative proposals were still awaited and emphasised that certain proposals already under
discussion were being used to test the Member States’ keenness to press ahead as they had
said they would.

The progress made these last six months, and in  particular the decisions on the proposals
concerning the European arrest warrant and the framework decision on terrorism, which are
expected  to  be  formally  adopted  in  the  near  future,  suggest  that  the  Union  is  capable  of
taking practical  action on the objectives  set by  the Amsterdam  Treaty  where  the need  for
action conjoins with the will to act.

But  this  progress,  however  real,  has  to  be  assessed  in  the  light  of  the  timetable  set  at
Tampere and of the progress that still needs to be made to achieve the Tampere programme
within the time allowed, and also of the need for actual application in the Member States.

It should be remembered here that  the  Laeken  European Council reasserted  the  Council’s
commitment to the Tampere guidelines and noted that, despite the progress that  had  been
made,  “there  is  a  need  for  new  impetus  and  guidelines  to  make  up  for  delays  in  some
areas”.  Moreover  it  stressed  the  importance  of  decisions  taken  by  the  European  Union
being  rapidly  transposed  and/or  implemented  by  the  Member  States1  and  of  conventions
concluded under the Maastricht Treaty being ratified without delay.2

The tables below provide a more detailed snapshot of the work that has been done and of
the Commission’s priorities for the next six months in such key areas for the attainment of
an area of freedom,  security  and  justice  as  asylum,  immigration,  justice,  the  fight  against
crime, external borders, citizenship and the enhancement of external action.

A common EU asylum and migration policy

The objectives set at Tampere were reaffirmed at the Laeken European Council on 14 and
15 December 2001; a common policy on asylum and immigration is to be adopted “as soon
as possible”.

Regarding  asylum,  the  Council  is  continuing  work  on  the  proposals  before  it  for  the
attainment of the first stage of establishment of the policy decided on at Tampere. In April

1 

2 

It should be noted that on 28 February the Council adopted its first report on the framework decision
introducing criminal penalties to boost the protection of the euro against counterfeiting. This report is
the first exercise to evaluate an instrument enacted under Title VI of the Union Treaty.
The  situation  regarding  ratifications  set  out  in  this  Scoreboard  is  based  on  Member  States’
notifications to the Council General Secretariat.

4

                                                
2002  the  Council  signified  its  agreement  to  the  proposal  for  a  Directive  laying  down
minimum common standards for the reception of asylum-seekers.

In accordance with the conclusions of the Laeken European Council, the Commission will
shortly be presenting an amended proposal for common minimum standards concerning the
procedure for  granting  or  withdrawing refugee status. As  for the  proposal  for  a  Dublin  II
Regulation,  the  Commission  and  the  Council,  following    consultations,  have  agreed  to
continue working on the basis of the Commission proposal.

The importance of Eurodac, the system to compare the fingerprints of asylum-seekers,  for
a  genuine  common  policy  on  asylum  and  immigration  was  reiterated  at  Laeken,  and
development works continues. In  February 2002 the Council adopted a Regulation laying
down certain  rules for the  application of the  Regulation of  December 2000 setting up the
system.

As  regards  immigration,  the  Commission  presented  an  amended  proposal  on  family
reunification  in  May  2002,  in  accordance  with  the  conclusions  of  the  Laeken  European
Council.

The Tampere European Council stated that one of the objectives of the harmonisation of the
conditions  for  admission  and  residence  of  third-country  nationals  should  be  a  policy  for
integration  based  inter  alia  on  resistance  to  all  forms  of  discrimination.  The  Commission
presented  a  proposal  for  a  framework  decision  on  racism  and  xenophobia  in  November
2001  to  amplify  the  existing  legislative  arsenal.  The  Council  meeting  (Justice  and  Home
Affairs) in April 2002 adopted  conclusions on the fight against  racism, anti-semitism  and
xenophobia.

The fight against illegal immigration has also been a priority matter these last few months.
In November 2001 the Commission presented a communication on the subject, which was
also  covered  in  the  recent  communication  on  the  management  of  external  borders  (see
below). To boost the means of combating this kind of trafficking, a proposal for a directive
on short-term residence permits for victims of trafficking in human beings and trafficking
in  migrants  who  cooperate  with  the  authorities  was  presented  by  the  Commission  in
February 2002.

In February 2002, in accordance with the conclusions of the Laeken European Council, the
Council  adopted  a  plan  of  action  to  combat  illegal  immigration  and  trafficking  in  human
beings in the Union.

Regarding  aid  to  countries  of  origin  and  transit,  the  Commission  is  planning  to  present  a
proposal before the end of the  year for  a  legal basis for implementing the new  budgetary
instrument for cooperation with third countries, set up on the basis of the Resolution of the
European  Parliament  of  March  2000.  Regarding  readmission,  the  Council  and  the
Commission,  following  the  line  set  at  Laeken,  adopted  a  new  list  of  priorities  for  the
negotiation  and  conclusion  of  European  readmission  agreements.  An  agreement  has  been
concluded with Hong Kong, and negotiations continued with Russia, Pakistan, Sri  Lanka,
Morocco  and  Macao.  The  Commission  has  also  presented  the  Council  with  a  negotiating
brief for an agreement with Ukraine.

In April 2002 the Commission presented a Green Paper on a common policy on repatriation
of persons residing unlawfully.

5

As  for  the  implementation  of  the  measures  provided  for  by  the  Plan  of  Action  against
terrorism, a Commission working paper evaluated all its proposals in terms of the need to
safeguard  domestic  security  and  to  respect  international  protection  obligations  and
instruments.3

Policy  on  borders,  visas,  implementation  of  Article  62  CE  and  conversion  of  the
Schengen  acquis

Apart  from  the  adoption  of  technical  decisions  by  the  Council  as  regards  consular
instructions or standard visa formats, thought is now being given to establishing a common
visa identification system (the Commission is shortly to launch a feasibility study) and, at
the request of the Laeken European Council, the possibility of common consular offices.

Turning  to  the  management  of  external  borders,  the  Laeken  European  Council  asked  for
arrangements for cooperation between services responsible for external border control to be
worked  out  and  for  the  conditions  in  which  a  mechanism  or  common  services  to  control
external borders could be created to be studied. In May 2002 the Commission presented a
communication on the management of external borders in which it examines among other
things possible ways of enhancing cooperation between national services and the conditions
for establishing common machinery or even common services for border checks.

In December 2001 the Commission presented a communication on the development of the
second-generation Schengen Information System to supersede the current system between
now  and  2006,  allowing  new  Member  States  to  join  it,  updating  the  technology  and
integrating  new  functions  currently  under  discussion  in  the  Council.  The  Council  also
adopted a legal basis enabling the Commission to assume responsibility for managing the
technical  development  project  from  January  2002  with  the  assistance  of  a  committee  of
experts from the Member States.

A Genuine European Area of Justice

In the two priority areas where the Tampere European Council called for practical measures
to be  taken  – better  access to justice and  mutual  recognition  of judgments  – progress  has
been made these last six months.

Regarding access to justice, the Commission presented a proposal for a Council Regulation
in November 2001 establishing a general framework for Community activities to facilitate
the implementation of a European judicial area in civil matters, which the Council adopted
in  April  2002.  Regarding  another  essential  aspect  of  access  to  justice,  the  Commission
presented  a  proposal  for  a  Directive  on  legal  aid  and  financial  aspects  of  litigation  in
January 2002.

Continuing  its  work  on  alternative  dispute  resolution  after  setting  up  the  extra-judicial
network  for  consumers  (EEJ-Net)  in  October  2001,  the  Commission  presented  a  Green
Paper  on  the  preparation  of  minimum  quality  standards  for  the  out-of-court  settlement  of
disputes in April 2002.

In  April  2002,  the  Commission  also  presented  a  proposal  for  a  Regulation  to  establish  a
European enforcement order for uncontested claims, which will make it possible to abolish
all  intermediate  measures  prior  to  enforcement.  It  is  also  considering  presenting  a  Green
Paper on further harmonisation of procedural rules relating to uncontested and small claims.

3

COM(2001)743, 5.12.2001.

6

                                                
The Commission and the Member States have begun preparatory work for the operation of
the  European  Judicial  Network  in  civil  matters  set  up  in  2001,  which  will  operate  from
December 2002.

Regarding  the  mutual  recognition  of  judgments,  which,  as  the  Laeken  European  Council
restated, should be continued in order to “surmount the problems arising from differences
between legal systems”, work progressed on both the civil and the criminal sides.

The  mutual  recognition  programme  adopted  by  the  Council  in  November  2000  is  the
framework for gradually establishing the principle of mutual recognition.

In family matters, the Commission presented a proposal in May 2002 to merge its proposal
for  a  Regulation  on  parental  responsibility  presented  in  September  2001  and  the  French
initiative on children’s visiting rights with Regulation (EC) No 1347/2000 (the Brussels II
Regulation”).

The  establishment  of  the  European  enforcement  order,  mentioned  above,  would  be  real
progress in implementing the mutual recognition principle on the civil side.

In  March  2002,  in  conjunction  with  the  international  negotiations  on  jurisdiction  and  the
recognition  of  judgments  in  civil  and  commercial  matters,  the  Council  adopted  a
Commission proposal for new negotiating directives for the negotiations in the Hague for
an  international  Convention.  In  March  2002  the  Commission  presented  a  proposal  for  a
negotiating brief to enable the Community to negotiate an agreement with the States parties
to the Lugano Convention.

In  criminal  matters,  the  formal  adoption  of  the  proposal  for  a  framework  decision
establishing  a  European  arrest  warrant  and  providing  a  procedure  for  surrender  between
Member States following the agreement of the Laeken European Council to the principle is
definite  progress,  since  it  would  replace  existing  extradition  procedures.  It  also  neatly
illustrates the mutual recognition principle in practice on the criminal side.

Concerning  the  application  of  the  mutual  recognition  principle  to  pre-trial  orders,  the
Council  also  agreed  in  February  2002  to  the  principle  of  a  framework  Decision  on
enforcement  in  the  Union  of  decisions  freezing  assets  and  evidence,  which  is  now  to  be
formally  adopted.  Following  on  from  its  July  2000  communication  on  the  mutual
recognition of final criminal judgments, the Commission is preparing a communication on
grounds for jurisdiction in criminal matters for presentation in the second half of 2002. To
extend  its  mutual  recognition  programme,  the  Commission  is  planning  to  present  a
communication shortly to propose minimum standards for pour certain aspects of criminal
procedure.  It has  also begun analysing standards for  the  protection  of  individual  rights  in
criminal  proceedings  in  order  to  boost  mutual  trust  that  is  essential  to  facilitate  the
application of the mutual recognition principle.

The  convergence  of  legal  systems  is  to  back  up  the  progress  in  mutual  recognition.  In
connection with the debate on  the  harmonisation  of  penalties,  where  the  Council  adopted
conclusions in April 2002 on the approach to be followed to the harmonisation of penalties
which should facilitate discussion of present and future proposals and initiatives (see next
section), the Commission launched a preparatory study on the control of custodial sentences
in the Member States in the spring of 2002.

7

Union-wide Fight against Crime, including Terrorism

The  fight  against  crime,  including  terrorism,  is  a  Union  priority  on  which  substantial
progress  was  made  both  in  operational  cooperation  and  in  the  European-level  legislative
basis to promote and facilitate such cooperation.

In the fight against terrorism,  the Union takes various forms  of action on  the  basis of the
plan  of  action  adopted  by  the  European  Council  on  21  September  2001.  Action  here  is
reported on in the Council Presidency’s monthly review.4

Eurojust,  a  unit  consisting  of  prosecutors,  judges  and  police  officers  having  equivalent
prerogatives, has existed in provisional form since March 2001 and was set up in its final
form  on  the  basis  of  a  Council  Decision  taken  on  28  February  2002.  Its  establishment,
scheduled to take lace no later than September 2003, is an important part of ensuring proper
coordination  between  the  national  prosecuting  authorities  and  providing  assistance  in  the
investigation of cases of organised crime.

Following  an  initiative  by  several  Member  States  and  an  Opinion  from  Parliament,  the
Council  agreed  in  December  2001  to  the  principle  of  the  establishment  of  joint
investigation  teams,  provided  for  by  the  Convention  on  mutual  judicial  assistance  in
criminal matters adopted in May 2000. The new framework decision to be formally adopted
soon should make it possible to anticipate the entry into force of the 2000 Convention on
judicial assistance, which has been ratified so far only by Portugal.

The role of Europol was also reinforced when in December 2001 the Council approved an
extension  of  its  powers  to  all  the  forms  of  international  crime  mentioned  in  the  Europol
Convention. The Council also agreed  in  April  2002  to  the  principle  of  amending  the
Europol Convention so that Europol can participate in joint investigation teams and call on
national  authorities  to  conduct  or  coordinate  inquiries  in  accordance  with  the  Amsterdam
Treaty (Article 30(2) of the Union Treaty).

The council agreed in April 2002 on a provisional location in Copenhagen of the secretariat
of the European Police College.

In  parallel  with  this  development,  the  Commission  presented  a  communication  on  the
democratic control of Europol in February 2002.

To strengthen judicial and police cooperation, in particular with partners outside the Union,
the Council adopted an amendment to the Act on rules for the transmission of personal data
by Europol to third countries and outside bodies in February 2002.

At  the  same  time,  to  simplify  transfers  while  guaranteeing  a  high  level  of  protection  of
personal  data,  the  Commission  is  shortly  planning  to  present  a  proposal  on  guarantees  in
transfers  of  personal  data  in  the  context  of  police  and  judicial  cooperation  in  criminal
matters.

In  the  fight  against  terrorism,  the  Council  agreed  in  December  to  the  principle  of  the
proposal  for  a  framework  Decision  presented  by  the  Commission  in  September.  The
adoption  of  this  proposal,  once  parliamentary  reservations  have  been  lifted,  would  be  a
significant  step  forward  towards  the  emergence  of  a  more  integrated  Union  approach  to

4 

Where  measures  taken  on  the  basis  of  the  Tampere  conclusions  also  appear  in  the  Plan  of  Action
against terrorism, a footnote cross refers to the Plan of Action of 21.9.2001.

8

                                                
criminal law in the fight against particularly serious and transnational crime. It should give
a boost to other priority areas of the fight against serious or organised crime currently under
examination,  such  as  drugs  and  the  sexual  exploitation  of  children,  where  proposals  are
already before the Council.

In  the  fight  against  attacks  on  information  systems,  the  Commission  followed  up  its
communication on cybercrime of January 2001 with a proposal for a framework Decision
in April 2002.

With  the  fight  against  criminal  gangs  involved  in  trafficking  in  human  beings  and  illegal
immigration (see above), the fight against financial crime and money-laundering continues
to rank high on the European institutions’ agenda. In December 2001 the Council and the
European  Parliament  adopted  the  Commission  proposal  to  amend  the  money-laundering
Directive,  and  in  February  2002  the  Council  agreed  to  the  principle  of  an  initiative
concerning the freezing of assets and evidence presented by France, Belgium and Sweden
(see under mutual recognition), which is to be formally adopted in the near future once the
remaining parliamentary reservations have been lifted.

Regarding the criminal protection of the Community's financial interests, the Commission
adopted  a  Green  Paper  on  the  criminal  protection  of  the  Community's  financial  interests
and the establishment of a European Public Prosecutor in December 2001, initiative which
should be linked to the general context of the Tampere initiatives,  particularly  the mutual
recognition  principle,  the  European  arrest  warrant  and  cooperation  with  Eurojust  and
Europol. The Laeken European Council called on the Member States to examine it rapidly.
The Commission proposal of spring 2001 for a Directive to boost the criminal protection of
the Community's financial interests received favourable opinions in November 2001 from
the European Parliament and the Court of Auditors.

The Union also continued working for international cooperation against organised crime in
international  bodies.  In  April  2002  the  Commission  presented  a  recommendation  to  the
Council for a negotiating brief for the draft United Nations Convention against Corruption
now being negotiated. As regards the United Nations Convention against organised crime
and  the  three  Protocols  to  it,  the  Community  has  now  signed  them  all  (the  Firearms
Protocol  was  the  last  to  be  signed),  and  the  Commission  is  now  planning  a  proposal  for
their conclusion by the Community on matters within its powers.

Europol is also an instrument for international cooperation that provides it with the means
of  supporting  and  enhancing  efforts  by  the  international  community  to  combat  crime.  In
December 2001 the Council adopted a decision authorising the director of Europol to enter
into  negotiations  with  third  countries  and  bodies  not  linked  to  the  European  Union  and
amended the Act of 12 Mar 1999 on rules for the transmission of personal data by Europol
to third countries and outside bodies.

Citizenship of the Union

The Commission proposal for a Directive to increase transparency and flexibility in certain
aspects  of  the  current  rules  governing  movement  and  residence  was  welcomed  by  the
Committee  of  the  Regions  and  the  Economic  and  Social  Committee.  It  is  now  under
discussion in the Council, and the European Parliament is working on its first opinion in the
codecision procedure.

The Commission will soon be presenting a proposal for a Regulation on a uniform format
for residence permits for Union citizens and members of their families

9

Cooperation Against Drugs

Implementing  the  European  Union  Drugs  Action  Plan  (2000-2004),  the  Commission  is
evaluating progress made by the Union and the Member States.

In  the  fight  against  synthetic  drugs  and  trafficking  in  chemical  precursors,  it  is  also
evaluating Community  legislation  on  the  international  control  of  chemical  precursors  and
intra-Community  surveillance  of 
the
them.  It  also 
implementation  of  the  Council  Joint  Action  on  the  control  of  new  synthetic  drugs.  The
results of all these evaluations are  expected by the  end  of  the  year.  In  February  2002  the
Council adopted a Commission proposal for a decision defining PMMA as a new synthetic
drug  subject  to  controls  and  criminal  penalties,  and  in  April  2002  there  was  a
recommendation on the need to reinforce cooperation and information exchanges between
operational  units  in  the  Member  States  specialising  in  combating  trafficking  in  chemical
precursors.

launched  an  evaluation  of 

The  proposal  for  a  Framework  Decision  on  minimum  standards  for  the  definition  of
offences and the penalties applicable to them in the field of illicit trafficking in drugs enjoys
the  highest  priority  in  the  Council  and  the  European  Parliament,  in  accordance  with  the
conclusions of the Laeken European Council, which asked that it be adopted before the end
of May 2002. Parliament adopted its opinion on the Commission proposal in April 2002.

Stronger External Action

The  reinforcement  of  the  Union’s  external  action  and  the  dimension  relating  to  the
establishment of an area of freedom, security and justice is a priority asserted at the Feira
European  Council  that  current  international  circumstances  have  further  boosted.  The
importance of this was restated at Laeken.

Action has been built up in a variety of processes.

First, enlargement, where efforts to integrate  justice  and  home  affairs have  continued and
support  has  been  given  to  the  effort  made  by  the  applicant  countries  regarding  their
administrative and judicial systems. Examination of the Justice and Home Affairs Chapter
(Chapter 24) has now been completed with seven of the applicant countries – Hungary, the
Czech Republic, Slovenia, Cyprus, Malta, Estonia and Lithuania.

Then the stabilisation of the Balkans, with the preparation of a regional and a country-by-
country strategy under the CARDS programme (Community Assistance for Reconstruction,
Development,  and  Stabilisation)  and  preparation  for  the  negotiation  of  Stabilisation  and
Association Agreements with Albania and the Federal Republic of Yugoslavia.

Lastly,  the  Euromed  dialogue,  with  measures  to  amplify  the  justice  and  home  affairs
dimension in the Meda programme.

Cooperation  with  third  countries  was  also  stepped  up,  notably  with  the  United  States  in
accordance with the conclusions of the  Council of 20 September 2001  (in  April 2002  the
Council  indicated  its  agreement  to  a  negotiating  brief  for  an  agreement  between  the
European  Community  and  the  United  States  for  cooperation  in  criminal  matters),  with
Russia  under  the  Cooperation  and  Partnership  Agreement  and  the  Common  Action  Plan
against organised crime, and with Ukraine under the new Justice and Home Affairs Action
Plan.

10

2.

A COMMON EU ASYLUM AND MIGRATION POLICY

The Tampere priorities

The separate but closely related issues of asylum and migration call for the development of a common EU policy.

In the context of these priorities, the Laeken European Council undertook to see that a common policy on asylum and immigration was adopted at the earliest
possible opportunity.

2.1.

Partnership with countries of origin

The European Union needs a comprehensive approach to migration, addressing political, human rights and development issues in countries and regions of origin
and transit. A partnership with the relevant countries will also be a decisive factor for the success of this policy with a view to promoting co-development.

11

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

Action needed

Responsibility

Timetable
for
adoption

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

Council 
Commission

and

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

of 
regions 

Council 
Commission

and

April 2001

Implementation  of  a  new
for
budgetary 
cooperation 
third
countries  of  origin  and
transit5

instrument 
with 

Council 
Commission

and

As  soon  as
possible

Proposals, 
initiatives,
communications,  Green  Paper  on
which work is based

Progress  in  the  Council  and,  if
appropriate, Parliament

Adoption  by  the  Council  and,  if
appropriate, Parliament

Work planned

State of play

Transposal

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

the  basis  of 

Following  this  report  adopted  by  the
Council, new  action  plans  should  be
drawn  up  on 
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.
The  High-Level  Group 
has
decided for the moment  to launch
no new action plans.

The  Commission  has  committed
the €10 million entered in the 2001
budget. 
the
commitment  of  the  €12.5  million
the  budgetary
appropriated  by 
authority in 2002.

is  preparing 

It 

The  Commission  will  put  forward  a
proposal by the end of 2002 for the
underpinning
legal 
implementation 
new
of 
budgetary instrument.6

basis 

this 

5

6

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

12

 
                                                
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.

Objective: To determine the State responsible for examining an asylum application

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

Examination 
the
effectiveness  of  the  Dublin
Convention

of 

Evaluation  to  be
conducted 
by
the Commission

Adoption  of  criteria  and
mechanisms (regulation)

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

2000

Final evaluation report presented in April 2001.7

April 2001

Commission  staff  working  document  presented  in  March
2000.8

In  July  2001  the  Commission  presented  a  proposal  for  a
regulation  laying  down  the  criteria  and  mechanisms  for
determining  the  Member  State  responsible  for  examining
an asylum application lodged in one of the Member States
by a third-country national.9

Parliament  opinion  in  April
2002.10

7

SEC(2001)756, 13.6.2001.

13

                                                
Finalise work on EURODAC

Council 
Commission

and

In  May  1999  the  Commission  presented  a  proposal  for  a
Council  Regulation  on  the  establishment  of  the  Eurodac
system to compare the  fingerprints  of  asylum-seekers  and
certain  other  foreign  nationals,11  followed  by  an  amended
proposal in March 200012

Parliament 
November 199913

opinion

Adoption  of 
the  Eurodac
regulation  by  the  Council  in
December 200014

Regulation 
laying  down
certain  detailed  rules  for
the 
of
application 
Regulation  No  2725/2000
concerning 
the
establishment  of  Eurodac
adopted  by  the  Council  in
February 2002

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

the  experts 

from 

Objective: A fair and efficient asylum procedure

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

April 2001

The  Commission  presented  a  proposal  in  September
200015

Parliament 
September 200116

opinion 

in

Council  conclusions  adopted
in December 200117

Council, 

In 
the
accordance  with 
conclusions  of  the  Laeken
European 
the
Commission  is  planning  to
amended
an 
present 
proposal  by  the  end  of  the
first half of 2002.

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

of 
standards 

common
Adoption 
minimum 
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 
children
of 
(directive)

8

9

10

11

12

13

14

15

SEC(2000)522, 21.3.2000.
COM(2001)447, 26.7.2001.
A5- 0081/2002, 8 April 2002.
COM(1999)260, 26.5.1999.
COM(2000)100, 15.3.2000.
A5- 0059/1999, 11.11.1999.
OJ L 316, 15.12.2000.
COM(2000)578, 20.9.2000.

14

                                                                                                                                                                                                                                                           
 Parliament opinion in April
2002.19

To  be  adopted  by 
the
Council  before  the  end  of
the first half of 2002

procedure 

Parliament  opinion  on  a
common 
and
uniform status throughout the
Union  adopted 
in  October
200122

to 

contribute 

The Commission, as stated in
its 
of
communication 
November  2001,  is  planning
to 
the
establishment,  as  requested
by 
the  Laeken  European
information
Council,  of  an 
exchange  system  on  asylum,
migration  and  countries  of
origin.

of 

conditions 

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

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

Commission  presented  a  proposal  for  a  directive  in  April
200118

Common asylum procedure

Commission 
part)

(in

The Commission presented a communication in November
2000,20 proposing an approach in two stages to  establish
a  common  European  asylum  system  based  on  a
common procedure and a uniform status.

The  Commission  presented  a  progress  report  on  the
implementation  of 
instruments  and
recommendations  on  the  implementation  of  an  open
coordination policy in the asylum field in November 2001.21

first  phase 

the 

16

17

18

19

20

21

22

A5- 0291/2001, 20.9.2001.
14581/01 (presse 444).
COM(2001)181, 3.4.2001.
A5-112/2001, 25.4.2002.
COM(2000)755, 22.11.2000.
COM(2001)710, 28.11.2001.
A5- 304/2001, 3.10.2001.

15

                                                                                                                                                                                                                                                           
Objective: Uniform status throughout the Union for those who are granted asylum

Action needed

Responsibility

Timetable
for
adoption

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

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

to 

follow-up 

As  a 
Commission
communication, a legislative
instrument may be needed

the

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2004

Commission  presented  a  proposal 
September 200123

for  a  directive  in

Work currently under way.

Objective: Adoption of measures for refugees and displaced persons providing an appropriate status to any person in need of international protection .

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

As  soon  as
possible

Commission  presented  a  proposal  for  a  directive  in  May
200024

Parliament  opinion  in  March
200125

Adopted  by  the  Council  in
July 200126

Entry 
force: 7.8.2001

into

Deadline 
for
implementation
: 31.12.2002

April 2004

The  Commission  presented  a  proposal  for  a  directive  in
September 200127 (cf. previous objective)

European
The 
Laeken 
Council  called  on 
the
Council  to  consider  this
subject.

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

Subsidiary 
protection (directive)

forms 

of

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

23

24

25

26

27

COM(2001)510, 12.9.2001.
COM(2000)303, 24.5.2000.
A5- 0077/2001, 13.3.2001.
OJ L 212, 7.8.2001.
COM(2001)510, 12.9.2001.

16

                                                
Objective: To ensure a balance of effort between Member States in receiving refugees and displaced persons and bearing the consequences of such intake

Action needed

Responsibility

Timetable
for
adoption

Proposals, 
Green Paper on which work is based

initiatives,  communications,

Progress 
in 
appropriate, Parliament

the  Council  and, 

if

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

Setting  up  a  European
Refugee Fund (decision)

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

As  soon  as
possible

In December 1999, the Commission presented
a proposal for a Council Decision establishing
a European Refugee Fund.28

Parliament opinion in April 2000

Decision  adopted  by 
the
Council in September 200029

For  2002,  requests  for  co-
financing  are  now  being
presented  by 
the  Member
States

2000  and  2001
exercises  under
way.

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

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

The  European  Refugee  Fund  now  has  an
annual  reserve  of  €10  million  to  deal  with
emergency and massive influx situations.

28

29

COM(1999)686, 14.12.1999.
OJ L 252, 6.10.2000.

17

                                                
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: To fight against all forms of discrimination, especially racism and xenophobia30

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

State of play

Transposal

of 

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

June-
December
2000

In  November  1999  the  Commission  presented  a  proposal
for  a  Council  Directive  on  the  implementation  of  the
principle  of  equal 
treatment  of  all  persons  without
distinction as to race or ethnic origin31

Parliament  opinion  in  May
200032

Adopted  by  the  Council  in
June 2000.33

Entry 
into
force: 19.7.2000

Implementation
deadline:
19.07.2003.

30

31

32

33

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.
COM(1999)566, 25.11.1999.
A5- 0136/1999, 18.5.2000.
OJ L 180, 19.7.2000, p. 22.

18

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

for 

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

In  November  1999  the  Commission  presented  a  proposal
for a Council Directive establishing a general framework for
equal treatment as regards employment and work.34

Parliament  opinion  October
2000.

Programmes  drawing  upon
and
practices 
best 
experiences (decision)

Council,  on  the
a
basis 
proposal  by  the
Commission

of 

In  November  1999  the  Commission  presented  a  proposal
for  a  Council  Directive  establishing  a  programme  of
Community  action 
to  combat  discrimination  (2001  –
2006).36

Parliament  opinion  October
2000.

In  November  2000 
the
Council  adopted  Directive
2000/78/EC  establishing  a
for
general 
in
equal 
employment 
and
occupation.35

framework 
treatment 

Decision  adopted  by 
the
Council  in  November  2000
on  the  Community  action
programme 
to
support  Member  States'
efforts.37

(2001-06) 

Entry 
into
force: 2.12.2003

Implementation
deadline:
2.02.2003.

Programme
runs 
1.1.2001 
31.12.2006

from
to

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

with 

police 
cooperation 

and
Enhancing 
judicial 
in
preventing  and  combating
racism  and  xenophobia  -
common  charges  for  racism
and  xenophobia  (framework
decision)38

Council 
Commission

/

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

The Commission presented a proposal for a framework
decision  on  racism  and  xenophobia  in  November
2001.39

Council  conclusions  on
the  fight  against  racism,
and
anti-semitism 
in
xenophobia  adopted 
April 2002.

34

35

36

37

38

39

COM(1999)565, 25.11.1999.
OJ L 303, 2.12.2000.
COM(1999)567, 25.11.1999.
OJ L 303, 2.12.2000.
See also table on "Fight against certain forms of crime".
COM(2001)664, 28.11.2001.

19

                                                
Objective: Approximation of national legislation on the conditions for admission and residence of third-country nationals

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

State of play

Transposal

Council 
Commission 
Member States

/
/

regard 

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

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 
a
proposal  by  the
Commission

of 

The Commission communication of November 2000 covers
this aspect.40

Parliament  opinion  adopted
in October 200142

The Commission presented in July  2001  a  communication
on 
implementing  an  open  coordination  policy  on
immigration.41

The  Commission  presented  an  amended  proposal  on  the
right to family reunification in December 1999.43

Parliament 
September 200046

opinion 

in

The  Commission  presented  an  amended  proposal  on
family reunification in October 200044

The  Commission  presented  a  proposal  for  a  directive  on
admission for employment in July 200145

Parliament  opinion  awaited
before  the  end  of  the  first
half of 2002.

40

41

42

43

44

45

COM(2000)757, 22.11.2000.
COM(2001)387, 11.7.2001.
A5-305/2001, 3.10.2001.
COM(1999)638, 1.12.1999.
COM(2000) 624 du 10.10.2000
COM(2001)386, 11.7.2001.

20

to 

contribute 

The  Commission  is  planning
to 
the
establishment,  as  requested
the  Laeken  European
by 
Council,  of  an 
information
exchange  system  on  asylum,
migration  and  countries  of
origin,  following  on  from  its
communication of July 2001.

In 
the
accordance  with 
conclusions  of  the  Laeken
the
European 
Commission  presented  an
amended  proposal  on  family
reunification in May 2002.

Council, 

proposals 

to
The  Commission  plans 
present 
for
directives  on  admission  for
study,  vocational  training  or
other  purposes  before  the
end of the first half of 2002

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

See below.

Objective: Approximation of the legal status of third-country nationals

Action needed

Responsibility

Timetable
for
adoption

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

the 

right 

(e.g. 

Definition of a set of uniform
rights 
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)

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

Council conclusions adopted in November 2000

Parliament 
February 200249

opinion 

in

The  Commission  presented  a  proposal  for  a  directive  on
long-term resident status in March 200147

After the adoption of Council conclusions in December
2001 on  the  coordination  of  national  social  security
systems for third-country nationals residing lawfully in
the  territory  of  a  Member  State,  the  aim  being  to  give
them  a  set  of  uniform  rights  as  close  as  possible  to
those  enjoyed  by  Union  citizens,  the  Commission
presented  in  February  2002  a  proposal  for  a  Council
Regulation  to  extend  Regulation  (EEC)  No  1408/71  to
third-country  nationals  not  covered  by 
these
provisions solely by reason of their nationality48

46

47

48

49

A5-0201/2000, 6.9.2000.
COM(2001)127, 13.3.2001.
COM(2002)59, 6.2.2002.
A5- 0436/2001, 5.2.2002.

21

                                                                                                                                                                                                                                                           
Council,  on  the
basis 
a
proposal  by  the
Commission

of 

The  Commission  presented  a  communication  on
implementing an open coordination policy on immigration in
July 200150 (see above).

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 
for
the  consequences 
social  equilibrium  and  the
labour market (directive)

50

COM(2001)387, 11.7.2001.

22

                                                
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 Laeken European Council
restated the importance of integrating policy on migratory flows into the  Union’s  external  policy.  The  fight  against  illegal  immigration  will  be  enhanced  by
combating  the  criminal  networks  involved  while  securing  the  rights  of  victims.  The  Laeken  European  Council  asked  for  a  plan  of  action  based  on  the
Commission communication on illegal immigration and trafficking in human beings to be developed.

Objective: 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)

Action needed

Responsibility

Timetable
for
adoption

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

Commission, 
in
cooperation  with
Member States

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

State of play

Transposal

by 

Preparation 
the
Commission  of  proposals
for a new action plan to be
presented  before  the  end
of  the  first  semester  of
2002.

Preparation  of  an  initial  phase
for 
the  establishment  of  a
"virtual"  observatory,  based
inter alia on a  contribution  from
Greece

Setting  up  of  a 
European 
Observatory

(virtual)
Migration

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

23

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

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

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 decision)51

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

The Commission tabled a proposal for a Council framework
decision  on  combating  trafficking  in  human  beings  in
December 2000.52

Agreed  in  principle  by  the
Council in September 2001

Parliament 
(rejection) 
2001.54

Opinion
February

in 

Formal  adoption  by 
the
Council once the remaining
parliamentary  reservations
have been lifted (DK, D, NL,
UK)

The  French  Presidency  presented  two  initiatives  in  July
2000, one for a directive and one for a framework decision,
on the liability of traffickers.53

Council 
principle in May 2001.

agreement 

in

Formal  adoption  by 
the
Council once the remaining
parliamentary  reservations
have been lifted (DK, UK)

criminal 

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

illegal 

Member  States
/Commission/
Europol

The  Commission  presented  a  communication  on
combating illegal immigration in November 2001.55

The  Commission  presented 
in  February  2002  a
proposal  for  a  directive  on  short-term  residence
permits for  victims  of  trafficking  in  human  beings  and
the
trafficking 
authorities.56

in  migrants  who  cooperate  with 

adopted 

On  28  February  2002,  the
a
Council 
comprehensive  plan 
to
combat  illegal  immigration
and  trafficking  in  human
beings 
the  European
Union.

in 

cooperation
Setting  up  of 
frameworks  to  combat  illegal
immigration from China and the
western  Balkans,  organised  in
November  2000  and  March
2001 respectively

Council conclusions on the
fight 
illegal
against 
immigration  and  trafficking
in  human  beings  by  sea
adopted in April 2002.

51

52

53

54

See also table on "Fight against certain forms of crime".
COM(2000)854, 21.12.2000.
OJ C 253, 4.9.2000.
A5- 0315/2001, 15.2.2001.

24

                                                
Adoption  by  the  Council  in
June  2001  of  a  directive
supplementing the  provisions
of  Article 
the
Convention implementing  the
Schengen  Agreement  of  14
June 198559

26 

of 

Organisation  by  professional
bodies,  with  the  Commission's
support,  of  a  round  table  on
general 
to
hauliers'  liability  in  November
2001

relating 

issues 

into

Entry 
force:
10.10.2001

Implementation
no
deadline: 
later 
than
11.2.2003.

for
Exploring  possibilities 
common
establishing 
standards 
pooling
resources  for  investigations
into 
immigration
networks

illegal 

and 

in 

in  progress 

the
 Work 
on
Council 
improving 
against
illegal  immigration  networks
(see above).

(CIREFI) 
action 

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

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

The French Presidency tabled a directive in July 200057

Parliament  opinion  [rejection]
in March 200158

55

56

57

58

59

COM(2001)672, 15.11.2001.
COM(2002)71, 11.2.2002.
OJ C 269, 20.9.2000.
A5- 0069/2001, 13 Mar 2001.
OJ L 187, 10.7.2001.

25

                                                                                                                                                                                                                                                           
Objective: To assist countries of origin and transit

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

State of play

Transposal

April 2001

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

The  Commission  has  committed  the  €10  million
entered  in  the  2001  budget  for  preparatory  measures.
It  is  preparing  the  commitment  of  the  €12.5  million
appropriated  by  the  budgetary  authority  in  2002,  also
for preparatory measures.

The  Commission  will  put
forward  a  proposal  by  the  end
of  2002  for  the  legal  basis
underpinning  implementation  of
this 
budgetary
instrument.60

new 

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

Promotion 
return

of 

voluntary

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

in 

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

60 

See also table on "Partnership with countries of origin".

26

                                                
Objective: To establish a coherent European Union policy on readmission and return

Action needed

Responsibility

Timetable
for
adoption

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

readmission
To  conclude 
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 
a
proposal  by  the
Commission

of 

Adoption  of  negotiating
brief  with  Ukraine  planned
by  the  Council  before  the
end of the first half of 2002.

Readmission 
agreement
signed  with  Hong  Kong  on
21  November  2001.    To  be
ratified  by  the  Community
before  the  end  of  the  first
half of 2002.

Negotiations  for  readmission
agreements  with  Russia,
Pakistan, Sri Lanka, Morocco
and Macao.

and 

with 

the
The  Council 
in
Commission, 
accordance 
the
conclusions  of  the  Laeken
European Council, adopted
a  new  list  of  priorities  for
the 
and
negotiation 
conclusion  of  European
readmission agreements.

Development  of  common
minimum 
on
repatriation

standards 

Council 
Commission 
Member States

/
/

French Presidency presented a draft directive in July 2000
on the mutual recognition of expulsion orders61

Parliament  opinion  [rejection]
in March 200163

Adoption  by  the  Council  end
May 200164

61

62

OJ C 243, 24.8.2000.
COM(2002)175, 10.4.2002.

In April 2002 the Commission presented a Green Paper
on  a  Community  policy  on  returning  persons  residing
unlawfully62

.

27

Entry 
force: 2.6.2001

into

Implementation
: 
before
2.12.2002

                                                
3.

A GENUINE EUROPEAN AREA OF JUSTICE

The Tampere priorities

The aim is to give the general public a shared sense of justice throughout the European Union, seen as a means of facilitating the daily life of persons and the
possibility  of  calling  to  account  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.

The Tampere Summit called for practical steps to be taken to improve access to justice in Europe and for mechanisms to be put in  place  to  protect  victims'
rights. It also advocated developing machinery for the mutual recognition of judicial decisions.

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.

63

64

A5- 0065/2001, 13.3.2001.
OJ L 149, 2.6.2001.

28

                                                                                                                                                                                                                                                           
Objective: To ensure legal certainty and equal access to justice

Action needed

Responsibility

Timetable
for
adoption

campaign 

Information 
and
publication  of  "user  guides"  on
judicial  cooperation  within  the
Union

Commission

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

improve 

planning 

To 
users’
information, the Commission
is 
practical
initiatives  in  2002,  a  joint
Conference  with  the  Council
of 
public
information  and  access  to
justice.

European 

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

 2001

The Commission presented a proposal in September 200065

Parliament  opinion  in  April
2001.68

 Adoption by the Council end
May  2001  of  the  decision
establishing  a  European
judicial  network  in  civil  and
commercial matters71

To  facilitate  implementation  of  the  European  judicial  area  in
civil  matters  (2002-2006), 
the  Commission  presented  a
proposal  for  a  Council  Regulation  in  May  2001  establishing  a
general  framework  for  Community  activities  to  facilitate  the
implementation of a European judicial area in civil matters66

Parliament  opinion  October
200169

65

66

COM(2000) 592, 22.9.2000.
COM(2001)221, 25.5.2001.

29

The  Commission  has  also
begun  preparatory  work  on
information  campaign,
an 
securing  synergy  with  the
future  European  Judicial
Network  and  work  being
done 
the  Council  of
Europe.

in 

The  Commission, 
together
with  the  Member  States,  has
preparatory  work
begun 
(notably 
identification  of
members  of  the  Network,
opening  of  an  Intranet  for  it
and 
  development  of  a
website).

The  Network  will  operate
from 1.12.2002.

Implementation
date:  1.12.2002
(Article  2  and
20: 
before
1.6.2002)

                                                
Proposal  to  establish  minimum
standards of legal aid

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

civil 

for 

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

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

Proposal  to  establish  minimum
standards of quality for ADR

Member  States
to  set  up 
the
extra-judicial
procedures

67

68

69

70

71

72

73

74

75

76

COM(2001)705, 20.11.2001.
A5- 0091/2001, 5.4.2001.
A5-0339/2001,  23.10.2001.
C5-0021/2002, 12.3.2002.
OJ L 174, 27.6.2001.
COM(2000)51, 9.2.2000.
COM(2002)13, 18.1.2002.
COM(2002)159, 18.4.2002.
COM(2002)196, 19.4.2002.
COM(2001)702, 27.11.2001.

In November 2001 the Commission presented an amended
proposal for a Regulation. 67

Parliament 
March 200270

opinion 

in

Adoption in April 2002 of a
Regulation
Council 
establishing 
general
a 
framework  for  Community
activities  to  facilitate  the
implementation 
a
European  judicial  area  in
civil matters.

of 

into
Entry 
force:  date  of
publication

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

April 2004

Following  presentation  of  its  Green  Paper  in  February  2000,72
the  Commission  organised  a  hearing  in  February  2001  and
presented  a  proposal  for  a  directive  on  legal  aid  and
financial aspects of proceedings in January 2002.73

April 2004

The Commission presented in April 2002 a proposal for the
creation of a European enforcement order for uncontested
claims74  based  on  the  adoption  of  minimum  rules  which
will  enable  any  interim  enforcement  measures  to  be
abolished.    The  preliminary  draft  was  discussed  with  the
Member States in October 2001.

Regarding  alimony  claims,  the  Commission  launched  a
preparatory study in the spring of 2002.

April 2004

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

European Extra Judicial net (EEJ net) for consumers launched
in October 2001. It is based on the Recommendations adopted
by the Commission (98/257/EC and 2001/310/EC).

30

                                                                                                                                                                                                                                                           
The  Commission  has  launched  the  FIN-NET  for  the  extra-
judicial settlement of disputes in the field of financial services.

The  Commission  presented  a  Green  Paper  in  April  2002
with a view to preparing for the establishment of minimum
quality standards.75

The Commission has adopted a communication calling for
the  establishment  of  a  European  on-line  network  to
facilitate  the  monitoring  and  resolution  of  problems
encountered by citizens and firms as regards cases where
national  authorities  misapply  the  rules  on  free  movement
in  the  internal  market  (SOLVIT network).76  It  has  also
adopted  a  recommendation  to  the  Member  States  laying
down  a  number  of  principles  to  be  applied  by  bodies  in
charge  of  such  cases.77    The  March  2002  Internal  Market
Council encouraged this.78

be 
for  FIN-NET 

greater
There  will 
publicity 
in
spring  2002,  with  among
other  things  a  brochure  for
the  general  public.  The
systems
of 
number 
be
37)  will 
(currently 
increased where possible.

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

the
a

Council  on 
basis 
of 
Commission
proposal  or  a
Member  State
initiative

April 2004

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

77

78

OJ L331, 15.12.2001, p. 39.
Doc. 6503/02, 1.3.2002.

31

                                                                                                                                                                                                                                                           
Objective: To protect rights to compensation and provide assistance to victims

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

State of play

Transposal

Drawing 
standards 
victims

up 
of  minimum
for  protection  of

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

2002

The Commission presented a communication in July 1999.79

Initiative  by  the  Portuguese  Presidency  for  adoption  of  a
framework  Decision  on  the  status  of  victims  in  criminal
proceedings.80

Parliament 
December 200081

opinion 

in

Adoption by the Council in
200182 
a
March 
framework  decision  on
victim's  status  in  criminal
proceedings

of 

instruments 

Further 
on
approximation  of  compensation
arrangements for victims

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

Examining 
the  possibility  of
recognising  decisions  taken  in
the  interests  of  victims  of  crime
where 
are
incorporated 
sentencing
decisions

decisions 

such 

into 

2004

The  Commission  presented  a  Green  Paper  on  victim
compensation  in  September  2001  with  a  view  to  preparing
appropriate legislative initiatives83

The  Commission  organised  a  public  hearing  on  21  March
2002.

Covered by the draft framework Decision  on  the application of
the  mutual  recognition  principle  to  pecuniary  penalties  or
Council  Regulation  No  44/2001  of  22.12.2000  on  jurisdiction
and the recognition  and enforcement  of  judgments  in  civil  and
commercial matters.84

79

80

81

82 
83

84 

COM(1999)349, 14.7.1999.
OJ C 243, 24.8.2000.
A5- 0355/2001, 12.12.2000.
OJ L 82, 22.3.2001
COM(2001)536, 28.9.2001.
OJ L 12, 16.01.2001.

32

into

Entry 
force :
22.03.2001
Implementation
deadline:
22.03.02,
22.03.04 
22.03.06,
depending  on
the Article.

or

to 

joint 

programme 
implement 

of
The 
measures 
the
principle  of  mutual  recognition
of decisions in criminal matters
among
also 
incorporates, 
those 
parameters,
mechanisms  to  protect  victims'
rights

The  Commission  plans  to
present  a  proposal  for  a
directive  before  the  end  of
2002.

in 

Included 
recognition 
criminal matters.

the  mutual
in

programme 

                                                
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  and  will  make  it  possible  to  respond  to  the  call  made  at  the  Laeken  European  Council  for
“efforts to surmount the problems arising from differences between legal systems”. 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:  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 rights85

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

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

Council 
Commission

and

End 2000

The  mutual  recognition  programme  was  adopted  by  the
Council in November 2000.86 It covers four areas:

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,87  followed  in  September  2001  by  a  proposal  for  a

85 
86

87

See also table on "Greater convergence in civil law".
OJ C 12, 15.1.2001.
COM(2001)166, 27.3.2001.

33

                                                
Regulation  to  supplement  the  regulation  on  matrimonial
matters and parental responsibility.88

In October 2001 the Commission also presented a proposal
on  signature  of  the  1996  Hague  Convention  on  jurisdiction,
applicable  law,  recognition,  enforcement  and  cooperation  in
respect  of  parental  responsibility  and  measures  for  the
protection of children.89

In  July  2000  France  presented  an  initiative  for  the  adoption
of a Regulation on the mutual  enforcement of judgments  on
rights of access to children90

In May 2002, the Commission presented a new proposal
to  merge  the  French  initiative  on  children’s  visiting
rights,  the  Commission    proposal  for  a  Regulation  on
parental responsibility presented in September 2001 and
Regulation 
II
Regulation”).91

(EC)  No  1347/2000 

(the  Brussels 

Parliament
opinion 
December
200092

in

for  the  third  and  fourth  areas,  the  Commission  launched
preparatory  studies  in  2001,  the  results  of  which  should
be available at the end of this year.

88

89

90

91

92

COM(2001)505, 30.8.2001.
COM(2001)680, 20.11.2001.
OJ C 234, 15.8.2000.
COM(2002)222, 3.5.2002.
A5- 0311/2000, 17.11.2000.

34

the 

fourth  area, 

For 
the
Commission is to  organise a
conference  on  successions
in  conjunction  with 
the
Council of Europe in October
2002.

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

Launching  of  work  on 
European Enforcement Order

the

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

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

in 

This  action  has  been 
the  programme  of
included 
measures  to  implement  the  principle  of  mutual  recognition.
The Commission  presented in  April  2002  a  proposal  for
the  creation  of  a  European  enforcement  order  for
uncontested claims93 based on the adoption of minimum
rules  which  will  enable  any 
interim  enforcement
measures to be abolished (see point 3.1.4 above).

Presentation  by  the  Commission  of  the  new  proposal  for  a
regulation on rights of access to children will enable the work
on  abolition  of  the  exequatur  procedure  to  be  followed  up
(see point 3.2.1 above).

intends 

The  Commission 
to
present  a  Green  Paper  before
the  end  of  2002  to  prepare  a
legislative  initiative  (see  point
3.1.4 above).

93

COM(2002)159, 18.4.2002.

35

                                                
As regards criminal matters:

Objective: To make sure criminals have no safe havens

Action needed

Responsibilit
y

Timetable
for
adoption

Ratification  of 
1996  EU  Conventions 
extradition94

the  1995  and
on

Member State

April 2001

Proposals,  initiatives,  communications,  Green  Paper  on  which
work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

In  July  2001  Sweden  presented  an  initiative  concerning  a
decision  laying  down  arrangements  for  the  1995  Convention  on
simplified  extradition procedures between the  Member States  of
the EU and the  1996  Convention relating to  extradition between
Member  States  of  the  EU  which  builds  on  the  Schengen
arrangements in accordance with the agreement associating the
Republic  of  Iceland  and  the  Kingdom  of  Norway  with  the
application,  implementation  and  development  of  the  Schengen
arrangements.95

Parliament 
November 200196

opinion

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

FIN,  NL,  P,  EL,
D,  DK,  E,  A,  B,
S,  UK  and  Lux
have  ratified  the
1996 Convention

formal
Study  on  abolition  of 
extradition 
procedures
concerning  persons  fleeing  from
justice 
been
sentenced97

having 

after 

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

End 2001

In September 2001, the Commission presented a  proposal  for a
Council framework decision on the European arrest warrant and
surrender procedures between Member States.98

Council 
principle 
2001.

agreement 
in
in  December

Parliament 
February 200299

opinion 

in

once 

Formal  adoption  by  the
Council 
the
remaining  parliamentary
reservations  have  been
by
lifted 
JHA
DK/S/IRL 
Council of June 2002 )

(foreseen 
before 

94

95

96

97

98

99

These two measures are included in the EU Plan of Action against terrorism (periodic review).
OJ C 195, 11.7.2001.
A5- 0371/2001, 13.11.2001.
These two measures are included in the EU Plan of Action against terrorism (periodic review).
OJ C 332 E, 27.11.2001.
A5- 0003/2002, 6.2.2002.

36

                                                
Providing 
extradition procedures

for 

fast-track

Examine  the  issue  of  extradition
in 
in
absentia

to  procedures 

relation 

End 2001

Included in the Commission proposal (see above)

see above

April 2004

 Included in the Commission proposal (see above)

see above

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

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

37

Objective: To ensure that decisions taken in one Member State have effect throughout the Union

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

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

Council 
Commission

/

End 2000

In  July  2000  Commission  presented  a  communication  on
mutual recognition of final decisions in criminal matters100

 Parliament  opinion  in  May
2001101

Joint  Council/Commission
programme 
in
November 2000

adopted 

100

101

COM(2000)495, 28.7.2000.
A5- 0145/2001, 17.5.2001.

38

of 

the 

indicated 

top-priority
Most 
measures  are 
in
other  scoreboard  tables.    The
programme's  aim  is  to  record
achievable progress in making
the 
and
reservations 
the
declarations  concerning 
coercive  measures  contained
the  1959
in  Article  5  of 
European  Convention 
on
Mutual  Assistance  in  Criminal
Matters 
non-invocable
between  Member  States  and
to 
of
recognising  decisions  taken  in
interests  of  victims  of
the 
crime 
are
incorporated  into  sentencing
decisions

examine 

where 

ways 

they 

To  supplement  the  mutual
recognition  programme,  the
Commission  is  planning  a
communication  by  the  end
of  the  first  half  of  2002,
minimum
proposing 
certain
standards 
criminal
aspects 
procedure 
the
in 
second  half  of  2002,  a
communication  on  criteria
for  jurisdiction  in  criminal
matters.

of 
and, 

for 

                                                
Application of mutual recognition
to pre-trial orders102

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

France,  Belgium  and  Sweden  presented  an  initiative103  for  a
Council  Framework  Decision  on  the  enforcement  in  the
Union  of  judgments  freezing  of  assets  and  evidence    in
February 2001104

Parliament 
September 2001

opinion 

in

Council 
in
principle in February 2002

agreement 

Reconsultation 
Parliament in progress.

of

once 

Formal  adoption  by  the
Council 
the
remaining  parliamentary
reservations  have  been
lifted  (I,  DK,  S,  IRL,  UK,
NL)105

the 

feasibility 

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

and 

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

April 2004

France,  Sweden  and  the  UK  presented  an  initiative  for  a
framework  decision  on  the  application  of  the  principle  of
mutual recognition to financial penalties106

Parliament 
January 2002107

opinion 

in

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

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

April 2004

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

102

103

104

105 
106

107

This measure is included in the EU Plan of Action against terrorism.
OJ C 75, 7.3.2001.
See the table entitled “special action against money laundering”
Latest situation report, following Coreper on 15.5.2002.
OJ C 278, 2.10.2001.
A5- 0444/2001, 171.2002.

39

for 

the 

into 

Incorporated 
programme 
recognition  of  decisions 
criminal 
measures 6 and 7).

joint
the  mutual
in
(see

matters 

The  Commission  intends  to
present,  in  the  second  half
of  2002,  a  proposal  for  a
the
framework  decision  on 
of
mutual 
measures 
to
evidence.

recognition 
relating 

in 
for 

Included 
programme 
recognition  of  decisions 
criminal  matters 
measures 17, 18, 20 and 21)

the 
joint
the  mutual
in
(see  also

for 

the 

into 

Incorporated 
programme 
recognition  of  decisions 
criminal 
measures 3 and 4)

joint
the  mutual
in
(see

matters 

In  the  second  half  of  2002
the  Commission  is  planing
decision
to 
present 
standard
establishing 
form 
the
for 
criminal record.

requesting 

a 
a 

                                                
 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.

Objective: Eliminate obstacles created by disparities in law and procedures

Action needed

Responsibility

legislation 

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

cases 

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

Timetable
for
adoption

April 2004

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

tabled  an 

Germany 
in
initiative  on 
September  2000.108  The  issue  of  procedural  law  is  partly
included in the mutual recognition programme.

taking  of  evidence 

In  April  2002  the  Commission  launched  a  preparatory
the  enforcement  of
improvement  of 
study  on 
judgments in the Member States109.

the 

Parliament opinion in  March
2001110

Adoption  par  le  Conseil
mai 2001111

fin

Entry 
force: 1.7.01

into

Implementation
: 
1.7.2004
except  Articles
19-21  and    22:
1.7.2001

General  study  to  identify  and
the
eliminate 
obstacles 
smooth 
civil
proceedings

to 
functioning  of 

Council 
to
prepare a report

End 2001

the  need 

The Commission presented, in July 2001, a communication on
European  contract  law,  with  a  view  to  launching  a  broad
debate  on 
for,  possibilities  and  methods  of
harmonisation  in  certain  areas  of  substantive  private  law.112
The replies, to be collected by 15 October 2001, have been
summarised  by  the  Commission  and  published  on  its
website.113.

Parliament 
November 2001114

opinion

The report provided for by
the 
was
Council 
presented  to  the  Laeken
European Council.

108

109

110

111

112

113 
114

OJ C 314, 3.11.2001.
OJ S 67, 5.4.2002.
A5-0073, 14.3.2001.
JO L 174 du 27.6.2001
COM(2001)398, 11.7.2001.
http://europa.eu.int/comm/consumers/policy/developments/contract_law/index_en.html
A5- 0384/2001, 15.11.2001.

40

                                                
Finalising  the  Brussels  and  the
Lugano Conventions115

April 2001

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

The  diplomatic  conference  with  a  view  to  a  world  convention
on  jurisdiction  and  the  recognition  of  judgments  in  civil  and
commercial matters took place in June 2001. The Commission
launched public consultations on the Internet and  organised a
hearing  in  October  2001  in  the  context  of  the  ongoing
negotiations.

The  Council  adopted 
Regulation 
replacing 
Brussels  Convention 
December 2000.117

the
the
in

the 

launch 

In  May  2001  the  Council
adopted  a  decision,  further
to  a  Commission  proposal,
on 
of
negotiations  as  part  of  the
Hague  Convention  with  a
view  to  a  world  convention
the
jurisdiction  and 
on 
recognition  of  judgments  in
civil and commercial matters

In March 2002 the Commission presented a proposal for a
recommendation  for  a  negotiating  brief  for  an  agreement
between the Community and the Lugano countries.116

In March 2002 the Council,
on  a  proposal  from  the
Commission,  adopted  a
new negotiating brief for a
meeting  to  be  held  in  the
Hague in April 2002.

law  applicable 

Drawing up a legal instrument on
to  non-
the 
contractual  obligations 
(Rome
II).

Revising,  where  necessary,  the
1980  Rome  Convention  (Rome
I).

April 2001

April 2001

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

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

115 
116

117

See also table on "Mutual recognition of judicial decisions".
SEC(2002)298, 22.3.2002.
OJ L 12, 16.1.2001.

41

Entry 
force: 1.3.2002

into

Implementation
: 22.12.2000

on 

The  Commission,  following
consultations 
a
preliminary draft Regulation,
is  planning 
to  submit  a
proposal for a Regulation on
the  law  applicable  to  non-
contractual 
obligations
before the end of 2002.

of 

half 

The  Commission  plans 
to
present  a  Green  Paper  in  the
second 
2002,
followed, if need be, by a draft
regulation  The  Commission
organised  a  preparatory
meeting  of  national  experts
in April 2002.

                                                
study 

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

on 

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 launched a
complementary  study 
in
2001,  the  results  of  which
should  be  available  in  the
third quarter of 2002.

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

Council 
Commission

/

April 2004

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

Commission 

has
The 
large-scale
launched 
the
preparatory  studies, 
results  of  which  should  be
available by the end of 2002.
In addition,  the  Commission
is  to  organise  a  conference
in
successions 
on 
the
with 
conjunction 
Council 
in
October 2002.

of  Europe 

4.

UNION-WIDE FIGHT AGAINST CRIME

Tampere priorities and EU strategy against organised crime at the beginning of the new millennium

The  Tampere  European  Council  called  for  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.

42

 
Objective: To prevent crime through reduction of opportunities

Action needed

Responsibility

Timetable  for
adoption

State of play

Transposal

Proposals, initiatives, communications, Green Paper on
which work is based

Progress  in  the  Council
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

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

/
/

Prevention  of 
organised 
crime 
economic activities

infiltration  by
lawful

of 

In  November  2000 
the  Commission  presented  a
communication  on  crime  prevention  in  the  European  Union
which  established  a  Forum  and  proposed  a  financial
programme (Hippokrates) in the crime prevention field.118

Parliament  opinion  on  the
Hippokrates  programme  in
April 2001.120

In  June  2001  the  Council
to
adopted  a  decision 
of
improve 
information.121

exchange 

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.    The  next  report  will  also  take  prevention
aspects into account.119

Entry 
into
force:  7.7.2001
until 31.12.2002

of 

The first meeting of the Forum
on the prevention of organised
crime  was  held  on  17  and  18
May  2001  (first  workshops:
trafficking  in  human  beings,
credit  cards,  crime  affecting
the  world 
business,
trafficking  in  cultural  goods).
there was  a second meeting
of  the  Forum’s  workshops
in  human
on 
the
the 
beings, 
private 
the
sector 
prevention  of  economic  and
financial  crime,  and  training
the
for  police 
prevention  of  credit-card
fraud  on  24  and  30  October
2001.

trafficking 

role  of 

forces 

in 

in 

Crime proofing

The  Commission  is  examining
the  findings  of  a  study  on
crime proofing.

118

119

120

121

COM(2000)786, 29.11.2000.
SEC(2001)433, 13.3.2001.
A5- 0094/2001, 5.4.2001.
OJ L 186, 7.7.2001.

43

                                                
in 

actions 

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

Council 
Commission 
Member States

/
/

Objective: To facilitate cooperation between Member States

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

a 

Council 
/
Commission  /
Member
States

2001

France  and  Sweden  presented  an  initiative  in  November  2000
for a Council decision establishing a crime prevention network.122

Parliament opinion in  March
2001123

The  Commission  has  proposed  a 
(Hippokrates programme – see supra).

financial 

instrument

At  the  end  of  May  2001  the
Council  adopted  a  decision
establishing  a  European
crime-prevention network.124

Entry 
force:

into

28.5.2001

  The 

representatives
National 
met 
in  June,  September,
October  2001  and  April
2002. 
first  plenary
meeting  of  the  EUCPN  took
place  in  October  2001  and
the  second  in  April  2002.
The  first  annual  report  is
about to be available.

122

123

124

OJ C 362, 16.12.2000.
A5- 0070/2001, 14.3.2001.
OJ L 153, 8.6.2001.

44

 
                                                
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. In its work on the protection of the
Community's financial interests, the Laeken European Council took note of the Green Paper adopted by the Commission on a European Public Prosecutor and
asked the Council to examine it quickly.

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.

45

Objective: To coordinate and, where appropriate, centralise proceedings

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

first  step, 

Set  up  joint  investigative  teams,
as  a 
to  combat
trafficking  in  drugs  and  human
beings  as  well  as  terrorism  -
when  investigating  cross-border
crime.125

Without
delay

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

The  Council  adopted  the
Mutual  Legal  Assistance
Convention  in  May  2000,
Article 
of  which
provides for  joint  teams  to
be  set  up 
(see  point
4.2).128

13 

.

In  September  2001  Belgium,  France,  Spain  and  the  United
Kingdom  presented  an  initiative  on  a  draft  framework
decision on joint investigation teams126.

Parliament 
November 2001127

opinion

Council  agreement 
principle 
2001.

in
in  December

Formal  adoption  once
the 
remaining
parliamentary
reservation  has  been
lifted (DK).

125

126 
127

128

This measure is included in the EU Plan of Action against terrorism.
OJ  C 295, 20.10.2001
A5- 0369/2001, 13.11.2001.
OJ C 197, 12.7.2000.

46

                                                
Setting  up  a  unit  composed  of
national 
prosecutors,
magistrates  or  police  officers  of
equivalent 
–
EUROJUST.129

competence 

the
a

Council  on 
basis 
of 
Commission
proposal  or  a
Member  State
initiative

End 2001

Portugal,  France,  Sweden  and  Belgium130,  and  Germany131
have presented an initiative with a view to the adoption  of a
Council  decision  setting  up  a  Provisional  Judicial
Cooperation Unit.

in  May
EP  Opinions 
2001134  –  and  November
2001 (reconsultation)135

Portugal, France, Sweden and Belgium,  and Germany  have
presented  an  initiative  with  a  view  to  the  adoption  of  a
Council decision establishing Eurojust in order to strenghten
the fight against serious forms of organised crime132

The  Commission  presented  a  communication  in  November
2000 concerning the creation of Eurojust.133

Implement 
where
appropriate,  further  develop  the
European judicial network.138

and, 

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

April 2001

Pilot stage of a telecommunications network launched in
August 2001 continues.

in
Adoption  by  Council 
December  2000  of  a
decision 
create  a
to 
provisional  unit in  January
2001.136

Decision 
establishing
Eurojust  adopted  by  the
Council 
February
in 
2002.137

Provisional  unit
put 
place
in 
March 2001.

Entry 
force: 6.3.2002

into

Implementation
:  no  later  than
6.9.2003.

129

130

131

132

133

134

135

136

137

138

This measure is included in the EU Plan of Action against terrorism.
OJ C 243, 24.8.2000, p. 21.
OJ C 206, 19.7.2000.
OJ C 243, 24.8.2000, p.15
COM(2000)746, 22.11.2000.
A5- 0153/2001, 17.5.2001.
A5- 0398/2001, 29.11.2001.
OJ L 324, 21.12.2000.
OJ L 63, 6.3.2002.
This measure is included in the EU Plan of Action against terrorism.

47

                                                
in 

joint  mutual
Included 
recognition 
for
decisions  in  criminal  matters  (see
measure No 12).

the 
programme 

intends 

The  Commission 
to
present,  before  the  end  of  the
first 
a
of 
communication  on  determining
criteria for jurisdiction in criminal
matters (see above).

2002, 

half 

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

April 2004

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

48

Objective: To provide mutual assistance to the fullest extent possible

Action needed

Responsibility

Timetable
for adoption

State of play

Transposal

Proposals, initiatives, communications, Green Paper on
which work is based

Progress in the Council and,
if appropriate, Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

Adoption, 
implementation 
Convention 
Assistance 
Matters.139

ratification 
of 

on 
in 

and
the
Mutual
Criminal

/

April 2001

Council 
Member
States

France  has  presented  an  initiative  for  the  adoption  of  a
Protocol to the Convention on judicial assistance in criminal
matters  between  the  Member  States  of  the  European
Union140  (concerning  the  exchange  of  information  on  bank
accounts and transactions).

The  Council  adopted 
the
Convention  on  29  May
2000.141

the
2001 
In  October 
the
adopted 
Council 
the
Protocol 
to 
judicial
Convention  on 
criminal
assistance 
the
matters 
the
Member  States  of 
in
Union 
European 
accordance with Article 34
of 
the
the  Treaty  on 
European Community.142

in 
between 

Deadline 
for
Member  States
to 
initiate
ratification
procedures:
before  January
2001,  and  July
2002 
the
for 
Protocol.143

Convention
ratified 
Portugal

by

into
the

The  entry 
force  and 
implementation
the  Protocol
of 
to
are  subject 
the    entry  into
force  and 
the
implementation
of 
Convention.

the

139

140

141

142

143 

This measure is included in the EU Plan of Action against terrorism.
OJ C 243, 24.8.2000.
OJ C 197, 12.7.2000.
OJ C 326, 21.11.2001.
See also table on "Mutual recognition of judicial decisions".

49

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

Examine 
harmonised 
protection

the  possibilities 

rules 

on 

for
data

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

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

April 2001

Arrangements  governing  interception  and  joint  investigation
teams,  controlled  deliveries  and  covert  investigations
are governed by the Convention of 29 May 2000.

In  September  2001  Belgium,  France,  Spain  and  the  United
Kingdom  presented  an  initiative  on  a  draft  framework
decision on joint investigation teams.144

agreement 

Council 
in
principle  in  December  2001
(see above).

Formal  adoption  once  the
remaining  parliamentary
reservation 
been
lifted (DK).

has 

April 2001

Proposal  for  a  resolution  on  the  initiative  of  the  French
Presidency (based on a previous Portuguese initiative).145

In October 2000 the Council
decision
a 
adopted 
joint
establishing 
secretariat 
data
protection  bodies  (Europol,
CIS, SIS).147

a 
for 

Sweden  has  presented  an  initiative  amending  the  Council
Act  of  12  March  1999  adopting  the  rules  governing  the
transmission of personal data by Europol to third States and
third bodies.146

Parliament 
November 2001

opinion

Adopted by the Council in
February 2002148

Decision
Council 
authorising the Director of
conduct
Europol 
to 
negotiations  with 
third
States  and  bodies  not
related  to  the  European
in
Union 
December 2001.149

adopted 

on 
the 

In  June  2002  the  Commission
to  present  a
is  planning 
guarantees
proposal 
transfer  of
regarding 
personal data in the context of
police
and 
judicial 
cooperation 
criminal
in 
matters.

into
1

Entry 
force: 
September
2001.

Implementation
: 1.3.2002

Implementation
: 7.12.2001

144

145

146

OJ C 295, 20.10.2001.
OJ C 141, 19.5.2000.
OJ C 163, 6.6.2001.

50

                                                
the
Establishment 
European  Judicial  Training
Network

of 

France has presented an initiative for  a Decision  setting  up
a European judicial training network.150

Parliament opinion expected
in May 2002.

network 

The  European  Council  called
for  the  rapid  establishment  of
a  European 
to
encourage  the  training  of  the
judiciary,  which  will  serve  to
develop  trust  between  those
judicial
in 
involved 
cooperation.

Objective: To protect rights of victims and provide assistance

Action needed

Responsibility

Timetable
for
adoption

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress in the Council and,
if appropriate, Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

Drawing up minimum standards

the
a

Council  on 
basis 
of 
Commission
proposal  or  a
Member  State
initiative

April 2001

In August 2001  the  Portuguese  Presidency  presented  an
initiative  for  adoption  of  a  framework  Decision  on  the
status of victims in criminal proceedings.151

Parliament 
December 2000.152

opinion 

in

Adoption  by  the  Council  in
March  2001  of  a  framework
decision on victim's status in
criminal  proceedings 
(cf.
point 3.1).153

147

148

149

150 
151

152

153

OJ L 271, 24.10.2000.
OJ C 76, 27.3.2002.
OJ C 358, 15.12.2001.
OJ C 18, 19.1.01.
OJ C 243, 24.8.2000.
A5- 0355/2000, 12.12.2000.
OJ L 82, 22.3.2001.

51

to 

joint 

programme 
implement 

of
The 
measures 
the
principle of mutual recognition of
decisions 
in  criminal  matters
also  incorporates,  among  those
to
parameters,  mechanisms 
protect victims' rights

Entry 
into
force: 22.3.2001

Implementation
:  no  later  than
22.3.2002,
except
Article10
(22.3.2006)  and
Article 
5-
6 (22.3.2004).

                                                                                                                                                                                                                                                           
Objective: To develop operational police cooperation and law enforcement training at EU level

Action needed

Responsibility

Timetable
for
adoption

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress in the Council and,
if appropriate, Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

each 

presidency. 

Creation  in  October  2000  of  the
Police  Chiefs'  Task  Force.      At
least  one  meeting  is  organised
for 
The
the  basis  of
Council,  on 
options  put  forward  by  the
is  considering
Presidency, 
ways  of  making 
the  Task
Force fully  operational.154

Since  11  September  2001,  the
heads  of  anti-terrorist  units  in
Member  States’ 
intelligence
services  have  been  meeting
regularly.155

Establishment  of  a  European
Police Chiefs' Task Force

2001

the
a

Council  on 
basis 
of 
Commission
proposal  or  a
Member  State
initiative

Establishment  of 
criminal 
intelligence 
among Member States

compatible
systems

Appropriate
decision 
Council needed

by

154 
155 

See also EU Plan of Action against terrorism.
See also EU Plan of Action against terrorism.

52

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

2001

the
a

Council  on 
basis 
of 
Commission
proposal  or  a
Member  State
initiative

Portuguese  Initiative  for  a  Council  Decision  on  the
provisional  establishment  of 
the  European  Police
College.156

France,  Germany  and  Sweden  have  launched  common
training  projects  starting  in  2001  within  the  framework
prefiguring the  definitive structure of the  European  Police
College, with cofinancing of the OISIN II Programme.

Parliament  opinion  November
2000.157

Adoption  by  the  Council  in
December  2000  of 
the
decision  to  set  up,  in  2001,
the 
Police
European 
College,  CEPOL,158  which
has functioned as a network
of  national  police  colleges
since 1 January 2001.

agreement 
2002 
on 
location  of 

Ongoing examination  of  the  way
function:
in  which  Cepol  will 
in
Council 
a
February 
provisional 
the
secretariat  (Copenhagen)  and
on  the  financing  of  Cepol.    A
temporary  Director  has  been
appointed.

Objective: To enhance customs cooperation in the fight against crime and regarding the use of information technology

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper
on which work is based

Progress in the Council and,
if appropriate, Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

156

157

158

OJ C 206, 19.7.2000.
A5- 0316/2000, 17.11.2000.
OJ L 336, 30.12.2000.

53

                                                
the  CIS
Implementation  of 
(Customs 
Information  System)
Convention  of  26.7.1995159  and
the  Naples 
II  Convention  of
19.12.1997.160

Member State

Ongoing
process

In November 2001, Germany, France and the Belgium
Presidency presented a proposal for a Protocol to the
SID  Convention  concerning  a  Fichier  d’Identification
des Dossiers d’Enquêtes Douanières (FIDE).

To  strengthen  law  enforcement
cooperation against smuggling

In  November  2001,  Italy  initiated  the  work  on  an  EU
anti-smuggling strategy.

Work currently under way.

159

160

161

JO C 316, 27.11.1995, p. 34.
JO C 24, 23.1.1998.
JO C 316, 27.11.1995, p. 58.

54

for  applying 

A  guide 
provisions  of 
Convention is being prepared.

the  Naples 

the
II

CIS  Convention
ratified  by  all
Member  States
except  B,  D  and
L.

The  agreement
on 
the
provisional  entry
into  force  of  the
Convention161
has  been  ratified
the
all 
by 
Member  States
except  B,  D  and
L.  It  has  been
applied  among
those  Member
which
States 
have 
it
since  November
2000.

ratified 

II

Naples 
Convention
ratified 
by
Greece,  Spain,
France, Sweden,
Netherlands,
Luxembourg, UK
Ireland.
and 
Several  Member
States 
have
agreed  to  apply
it 
between
themselves.

                                                
Objective: To 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 
Commission  /
Member
States

End of 2000
for
signature

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.

intends 

to
The  Commission 
present  a  proposal  to  conclude
the  Convention  and  the  three
Protocols  before  the  end  of  the
first half of 2002.

UN Convention on corruption.

Council 
/
Commission  /
Member
States

United  Nations  Protocol  on  firearms  signed  by  the
Commission for the European Community. (cf. Point 8)

Union  participation  in  the  preparatory  work  of  the  UN  (see
point 8).

In  April  2002  the  Commission  presented  a  proposal  for
a  Commission  negotiating  brief  for  a  UN  Convention
against corruption.162

 Objective: To reinforce the role of Europol in facilitating European cooperation in preventing and combating crime with the necessary support and resources

Action needed

Responsibility

Timetable
for
adoption

State of play

Transposal

Proposals, initiatives, communications, Green Paper on
which work is based

Progress  in  the  Council
and, 
appropriate,
Parliament

if 

Adoption by the Council
and, 
appropriate,
Parliament

if 

Work planned

competence  of
Extend 
Europol 
cover  money
laundering  in  general  regardless

the 
to 

Council,  on  the
basis 
an
initiative  by  a

of 

Portugal  has  presented  an  initiative  with  a  view  to  the
adoption of a Council Act on the drawing up on the basis of
Article  43(1)  of  the  Convention  on  the  establishment  of  a

Parliament 
November 2000164

opinion

Adopted by the Council in
June 2000165

Ratification:
France,
Portugal

162

SEC(2002)431, 23.4.2002.

55

                                                
of  the  offence  from  which  the
proceeds originate

Member State

European  Police  Office  (Europol  Convention)  of  a  Protocol
amending Article 2 and the Annex to that Convention.163

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

Europol 
Council

/

is  exploring  with 

Europol 
the
Member  States  the  possibilities  of
setting up a system.

2002 

to 
of 

Europol 

In  April 
the
Council  signified 
its
agreement 
the
the
amendment 
Europol  Convention  to
to
allow 
participate 
joint
investigate  teams  and
ask 
competent
the 
the
authorities 
relevant  Member  States
to 
or
conduct 
coordinate
investigations.

of 

in 

of 

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

States, 

Appropriate
decision 
Council needed

by

April  2004,
without
delay 
certain
areas

for

Adoption  by  the  Council  in  November  2000  of  a  draft
recommendation  concerning  support  by  Europol  for  joint
investigative teams.166

Belgium  and  Spain  presented  a 
in
January  2002  amending  the  Europol  Convention  (see
below).

initiative 

joint 

163

164

165

166

OJ C 200, 13.7.2000.
A5-0312/2000, 14.11.2000.
OJ C 358, 13.12.2000.
OJ C 357, 13.12.2000.

56

                                                                                                                                                                                                                                                           
April 2004

Council,  on  the
basis 
an
initiative  by  a
Member State

of 

Adopt 
allowing
measures 
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 
in
to  assist 
investigating  cases  of  organised
crime

them 

Consideration  to  be  given  to  the
possible  need  to  revise  Europol
Convention in order to:

Council 
Commission

/

– cover new competences

–  deal  with 
democratic and judicial control

the  question  of

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

from  Europol 

to 

Belgium  and  Spain  presented  a 
January 2002 (see below).

joint 

initiative 

in

In  June  2001  Belgium  and  Sweden  presented  an  initiative
for a Decision extending Europol's mandate to deal with the
serious forms of international crime listed in the Annex to the
Europol Convention.167

In  January  2002  Belgium  and  Spain  presented  an
initiative for the adoption of a Council Act establishing a
Protocol  amending  the  Europol  convention  and  the
Joint Protocols (see below). The initiative also includes
simplification  of  the  procedure  for  amending 
the
Europol Convention, being examined by the Council.

In  February  2002 
the  Commission  presented  a
communication on the democratic control of Europol.168

See above.

Parliament 
November 2001169

opinion

Adoption by the Council
in December 2001.170

Deadline 
for
implementation
: 1.1.2002.

167

168

169

170

OJ C 176, 21.6.2001.
COM(2002)95, 26.2.2002.
A5-0370, 24.10.2001.
OJ C 362, 18.12.2001.

57

                                                
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. At its meeting of 27-28/9/01, the Council stated that it would
make progress without delay on the general methodology to be followed in the harmonisation of penalties, and on 25-26 April 2002 it adopted conclusions on
the approach to be followed for harmonisation of penalties. The Commission is planning a communication on the harmonisation of penalties.

Objective: To adopt a common approach throughout the EU on cross-border crimes

Action needed

Responsibility

Timetable
for
adoption

Proposals, initiatives, communications, Green Paper on which
work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

Criminalisation  of  trafficking  in
human  beings  and 
sexual
exploitation  of  children171  with
particular 
to  child
reference 
pornography on the Internet172

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

In  December  2000  the  Commission  presented  two  proposals
for framework decisions on:

-  the  fight  against  trafficking  in  human  beings;
and

Following 
Parliament’s
opinion  in  June  2001175,  the
Council 
the
agreed 
principle  of  the  framework
decision  on  the  fight  against
trafficking  in  human  beings
in September 2001.

to 

Adoption  by  the  Council
expected  once 
last
parliamentary  reservation
has been lifted (DK, D, NL,
UK).

the 

-  the  fight  against  the  sexual  exploitation  of
children and child pornography.173

Work 
Council.

continues 

in 

the

In  February  2002 
in  connection  with
the  Commission, 
detecting  and  dismantling  the  criminal  networks  involved  (see
Point  2.4),  presented  a  proposal  for  a  directive  on  short-term
residence documents for victims of trafficking in human beings

171 
172

173

See also table on "management of migration flows".
See also table on "mutual recognition of judicial decisions".
COM(2000)854, 21.12.2000.

58

                                                
and  of  assistance  to  illegal  immigration  who  cooperate  in  the
fight against traffickers and smugglers of migrants.174

Common  definitions,  offences
and  penalties176  in  the  field  of
drug trafficking.177

Council,  on  the
a
basis 
proposal  by  the
Commission

of 

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  presented,  in  June  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.178

Parliament opinion in April
2002.179

The 
Laeken  European
Council  asked  that  this
proposal  for  a  Framework
Decision  be  adopted  by
the end of May 2002

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

Council

April 2001

Denmark  presented  an  initiative  for  a  framework  decision  in
January 2000.180

The Council agreed in September 2000 that it was appropriate
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, which might be supplemented by a framework decision.181

A  finalised  version  of  the
draft  Framework  Decision
was  approved  by  Coreper
in December 2001.

Parliament  opinion  on  the
two  instruments  in  April
2002.182

174

175 
176 
177

178

179

180

181

182

COM(2002)71, 11.2.2002.
A5-0206/2001, 12.6.2001
See also table on "cooperation against drugs".
See also table on "mutual recognition of judicial decisions".
COM(2001)259, 23.5.2001.
A5-0460/2001, 25.4.2002.
OJ C 39, 11.2.2000.
COM(2001)139, 13.3.2001.
A5-0080/02 and A5-0099/02, 8.4.2002.

59

                                                                                                                                                                                                                                                           
Proposal  on  common  charges
for hooliganism

Council,  on  the
basis 
an
initiative  by  a
Member State

of 

The  Oisin  programme 
financed  a  project  evaluating
cooperation  between  the  relevant  departments  during  Euro
2000.

The  Belgian  Presidency  has  presented  a  proposal  for  a
decision on safety at international football matches.183

Parliament opinion in April
2002.184

Adoption by the Council in
April 2002

Entry 
into
force:  date  of
publication

Common  definitions,  offences
field  of
and  penalties  in  the 
racism and xenophobia

(framework decision).

the
a

Council  on 
of 
basis 
Commission
proposal  or  a
Member  State
initiative

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2004

[In November 2001] the Commission presented a proposal
framework  decision  on  racism  and
for  a  Council 
xenophobia.185

Council  conclusions  on  the  fight  against  racism,  anti-
semitism and xenophobia adopted in April 2002.

April 2001

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.186

Parliament 
September 2001188

opinion 

in

In  April  2002  the  Commission  presented  a  proposal  for  a
framework decision on serious attacks against information
systems.187

183

184

185

186

187

188

189

Enfopol 103 – 26.9.2001.
A5-0047/2002, 9.4.2002.
COM(2001)664, 28.11.2001.
COM(2000)894, 26.1.2001.
This measure is included in the EU Plan of Action against terrorism.
A5-0284/2001, 6.9.2001.
OJ C 187, 25.6.2001.

60

In  June  2001  the  Council
adopted  a  recommendation
on  contact  points  to  combat
high
crime 
technology 
and
cybercrime.189

linked 

to 

The  European  Forum  on
cybercrime  has  been  set
up.  The 
first  plenary
meeting  of  the  Forum  was
held 
end  of
the 
at 
November 2001.

                                                
Objective: To adopt a common approach throughout the EU on cross-border crimes

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

State of play

Transposal

Criminalisation  of  fraud  to  non-
cash means of payment

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

In September  1999  the  Commission  presented  a  proposal  for
a  Framework  Decision  to  combat  fraud  and  counterfeiting  of
non-cash means of payment.190

Parliament  opinion  in  July
2000.191

Adopted  by  the  Council  in
July 2001.192

In February 2001 the Commission presented an action plan for
2001-2003  comprising  preventive  measures,  and 
is
continuing  its  work  in  partnership  with  the  relevant  bodies  in
the European Crime Prevention Forum.

it 

Date  of  entry
into 
force:
2.6.2001
Implementati
on  deadline:
2.6.2003.

The  11  actions  in  the  Plan
are in hand.

190

191

192

OJ C 376, 28.12.1999.
OJ C 121, 24.4.2001.
OJ L 149, 2.6.2001.

61

                                                
Common  definitions,  charges
and 
regards
penalties 
counterfeiting of the euro

as 

Council/

April 2001

Commission/
Member States.

Framework  decision  on  penal
sanctions  on  counterfeiting
Euro  adopted  by  the  Council
in May 2000.195

Adoption  by  the  Council  in
June  2001  of  the  regulations
defining 
measures
the 
needed  to  protect  the  euro
from counterfeiting.196

In  August  2001  Sweden  presented  an 
for  a
Framework  Decision  amending  the  Framework  Decision  of
May 2000.193

initiative 

Parliament  opinion  October
2001

The  Council  adopted 
Framework 
Decision 
December 2001.197

the
in

In March 2001 France presented an initiative for a Framework
Decision on protection of the euro against counterfeiting.194

Adoption  by  the  Council  in
December 2001.198

193 
194

195

196

197 
198

OJ C 225, 10.08.2001.
OJ C 75, 7.3.2001.
OJ L 140, 14.6.2000.
OJ L 181, 4.7.2001.
OJ L 329, 14.12.2001.
OJ L 329, 14.12.2001.

62

Entry 
into
force  of  the
two
framework
decisions
and 
decision:
date 
publication

the

of

was
first

On  28.2.2002
the  Council
adopted 
its
report  on  the
framework
decision,
which 
the 
evaluation
exercise  on
an
instrument
enacted
under  Title  VI
of  the  Union
Treaty.

                                                
Criminalisation  of  fraud  in  public
tender

Council,  on  the
basis 
an
initiative  by  a
Member State

of 

Parliament  and
Council  on  the
basis 
of
Commission
initiatives

April 2001

Germany  presented  an  initiative  for  a  Framework  Decision  in
March 1999 199

In  May  2002  the  Commission  presented  a  proposal  for  a
Directive  on  public  procurement  which,  among  other  things,
provides  for  excluding  tenderers  who  have  been  convicted  of
crime,  corruption  or  fraud  against  the  Community's  financial
interests.200.

EP first reading in 2002.

199

200 

OJ C 253, 4.9.2000.
COM(2000)275 and 276 final, 10.5.2000.

63

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

and
the
a

Council 
EP,  on 
basis 
Commission
proposal

of 

Commission  communication  on  an  overall  fraud  prevention
strategy in June 2000

The 2001-03 Action Plan presented in May 2001

In May 2001 the Commission presented a proposal for a Council
and Parliament Directive on the  protection under criminal law of
the Communities' financial interests201

Parliament 
November 2001203

opinion

In  December  2001  the  Commission  presented  a  Green  Paper
on the protection under criminal law of the Communities' financial
interests  and 
the  establishment  of  a  European  Public
Prosecutor.202 The Laeken European Council asked that it be
examined very quickly.

The  Commission  will  submit
a  follow-up  contribution  by
early 2003

Common  definitions,  charges
and penalties for offences linked
with terrorism204205

Council,  on  a
Commission
proposal

In  September  2001  the  Commission  presented  a  proposal  for  a
Council  framework  decision  on  terrorism206  (see  also 
the
proposal  for  a  Council  framework  decision  on  the  European
arrest  warrant  and  the  surrender  procedures  between  the
Member States.

initiative
Parliament  own 
resolution 
in  September
2001  on  the  role  of  the
Union  in  the  fight  against
terrorism.207

Formal  adoption  by 
the
Council  once  the  remaining
parliamentary  reservations
have  been  lifted  (foreseen
by  DK  and  S  before  JHA
Council of June 2002)

EP  Opinions  in  November
2001  –  and  February  2002
(reconsultation).208

Council 
principle 
2001.

agreement 
in
in  December

201

202

203

204 
205

206

207

208

OJ C 240E, 28.8.2001.
COM(2001)715, 11.12.2001.
A5-0390, 29.11.2001.
See also table on "mutual recognition of judicial decisions".
This measure is included in the EU Plan of Action against terrorism.
COM(2001)521, 19.9.2001.
A5-0273/2001, 5.9.2001.
A5- 0003/2002, 6.2.2002.

64

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

of 

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

65

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.  The  special  European  Council  held  on  21  September  2001  also  stressed  the
importance of the fight against the financing of terrorism and asked that a report be prepared on it by June 2002.

Objective: to deprive criminals of the proceeds of crime

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

State of play

Transposal

Convention 
decision  on 
money laundering.209

or 
framework
financial  crime,

Council,  on  the
an
basis 
by
initiative 
France

of 

France  has  presented  an  initiative  for  a  draft  Council
framework  decision  concerning  money-laundering  and  the
identification,  tracing,  freezing  and  seizing  and  confiscation
of instrumentalities and the proceeds from crime.210

Adopted  by  the  Council  in
June 2001.211

Entry 
into
force:  5.7.2001
Implementation
deadline:
31.12.02.

by 

the 

joint
Adoption 
ECOFIN/JAI  Council 
in
October 2001 of the protocol
to  the  convention  on  mutual
assistance in judicial matters
of  29  May  2000  in  the  fight
against  crime,  in  particular
organised  crime,  money-
laundering 
financial
crime212 (cf. point 4.2).

and 

Concrete  steps  to  trace,  freeze,
seize 
the
and 
proceeds of crime213

confiscate 

France,  Belgium  and  Sweden  presented,  in  February  2001,
an initiative on the freezing of assets and evidence214.

Parliament 
September 2001

opinion 

Reconsultation 

Formal  adoption  by  the
once 
Council 
the
parliamentary
remaining 

in

of

209

210

211

212

213

This measure is included in the EU Plan of Action against terrorism.
JO C 243, 24.8.2000.
OJ L 182, 5.7.2001.
JO C 326 du 21.11.2001
This measure is included in the EU Plan of Action against terrorism.

66

                                                
Parliament in progress.

Agreed  in  principle  by  the
Council in February 2002

reservations  have  been
lifted  ((I,  DK,  S,  IRL,  UK,
NL)

Objective: to enhance knowledge and the capacity to fight money-laundering activities

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

Member States

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

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

19 

the 

(See  also 
measure 
programme  on 
recognition 
convictions)

of 

the 

first  part  of
joint
the  mutual
criminal

of 

To  adopt 
the  draft  directive
amending the Money Laundering
Directive215

Council 
Parliament

and

As  soon  as
possible

Parliament 
November 2001

opinion

Adoption  by  the  Council
and 
in
December 2001.216

Parliament 

214 
215

216 

OJ C 75, 7.3.2001
This measure is included in the EU Plan of Action against terrorism.
OJ L 344, 28.12.01.

67

All  the  Member
have
States 
the
ratified 
Strasbourg
Convention.

Entry 
into
force:  28.12.01
Implementation
deadline:
15.6.03.

                                                                                                                                                                                                                                                           
rapid 

exchange 

of
More 
information  between  the  existing
units
intelligence 
financial 
(FIUs), 
judicial
entitling 
authorities  and  FIU  to  receive
information 
of
secrecy provisions.217

regardless 

Council,  on  the
an
basis 
initiative 
by
Finland

of 

Council/

Commission/

Member States

Community rules must  be drawn
up  to  prevent  use  of  non-EU
companies  and  organisations  to
launder the proceeds of crime.219

Commission/

Council/

Member States

Commission

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

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

Commission 
initiate study

to

December
2003

Finland  has  presented  an  initiative  for  a  Decision  on
cooperation  between 
the
Member States for the exchange of information.

intelligence  units 

financial 

in 

Conclusions  of  the  joint  ECOFIN/JAI  Council  in  October
2001  asking  the  Member  States  to  strengthen  the  existing
arrangements  and  to  consider  the  possibility  of  devising  an
automatic  system  for  the  exchange  of  relevant  financial
information  and  asking  the  Commission  to  consider  the
possibilities  for  Community  financing  for  such  an  automatic
information system

Decision  adopted  by 
Council in October 2000218

the

.

into

Entry 
force:
17.10.2000

Work 
continues.

on 

FIU-NET

The  Commission  is  willing
to  contribute  to  financing
it.

Commission 

The 
is
exploring  possibilities  for
priority measures.

Conclusions  adopted  by  the  Joint  Council  (Economic  and
Financial Affairs, Justice and Home Affairs) in October 2000
called on the Commission to produce a report.

Report presented to the joint
JAI/ECOFIN  Council  on  16
October 2001.220

Conclusions  adopted  by  the
joint  JAI/ECOFIN  Council  in
October  2001  called  on  the
Commission  to  speed  up  its
to
so 
work 
determine 
and
priorities 
measures to be taken.

here 

as 

the 

Ensure 
financial 
electronic means

transparency  of
by

transactions 

Council 
Commission

/

December
2001

Extend 

the 

competence  of

Council,  on  the

Portugal  has  presented  an  initiative  with  a  view  to  the

Parliament 

opinion 

in

Protocol  adopted  by 

the

Ratification:

217

218

219

220

This measure is included in the EU Plan of Action against terrorism.
OJ L 271, 24.10.2000.
This measure is included in the EU Plan of Action against terrorism.
SEC(2001)1645, 16.10.2001.

68

                                                
to 

Europol 
cover  money
general,221
in 
laundering 
regardless  of  the  offence  from
which the proceeds originate

a

basis 
of 
Commission
proposal  or  a
Member  State
initiative

adoption,  on  the  basis  of  Article  43(1)  of  the  Convention  on
the  establishment  of  a  European  Police  Office  (Europol
Convention), of a Protocol amending Article 2 and the Annex
to that Convention.222

November 2000.

Council in June 2000.223

France,
Portugal

the 

Improve 
legal  provisions
against  money  laundering  with
off-shore  and  on-shore  financial
centres and tax havens.

Council 
Commission 
Member States

/
/

Support  international  action  with
regard to off-shore countries.

The Joint Council (Economic
and Financial Affairs, Justice
and  Home  Affairs)  adopted
conclusions in  October  2000
on 
and
immediate 
implementation
coordinated 
of FATF counter-measures.  

the 

joint
Conclusions  of 
JAI/ECOFIN  Council 
in
October  2001  in  accordance
with  the  conclusions  of  the
European
extraordinary 
21
Council 
on 
September  2001  on 
the
immediate  and  concomitant
implementation 
the
countermeasures decided by
the FATF224

held 

of 

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

December
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.

221

222

223

224

See also table on "stepping up cooperation in the fight against crime".
OJ C 200, 13.7.2000.
OJ C 358, 13.12.2000.
This measure is included in the EU Plan of Action against terrorism.

69

                                                                                                                                                                                                                                                           
Examine possibilities:

Commission

July 2001

–  for  strengthening  and  making
more consistent existing national
provisions  on  controlling  cross-
border movements of money, for
for  Member
making 
States  to  adopt  such  provisions
and  for  organising  exchanges  of
information  between  Member
States.

it  easier 

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

Preliminary report by  the Commission on the surveillance  of
cross-border  cash  flows  presented  at  the  joint  ECOFIN/JAI
Council in October 2001.

are 

The final report and a draft
regulation 
being
prepared  for  adoption  by
the Council before the end
of the first half of 2002.

70

5.

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

Objective: to develop a common visa policy

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

are 

Regulation  on  countries  whose
nationals 
respectively
exempt  from  or  subject  to  the
visa  requirement 
for  crossing
external borders

Commission 
Council

/

April 2001

In January 2000 the Commission presented a proposal for a
Council Regulation listing the third countries whose nationals
must  be  in  possession  of  visas  when  crossing  the  external
borders and those who are exempt from that requirement.225

Parliament  opinion  in  July
2000

Regulation  adopted  by  the
Council  in  March  2001.228  In
accordance  with  Article  8,
the  Commission  reported  on
of
Romania. 
for
negotiating 
readmission 
agreements
with  Hong  Kong  and  Macao
(see point 2.4).

Adoption 
briefs 

Entry  into  force:
10/4/2001.

In October 2001 the Commission presented a proposal for a
Council Regulation amending Regulation No 539/2001 listing
the third countries whose nationals must be in possession of
visas  when  crossing  the  external  borders  and  those  whose
nationals  are  exempt  from  that  requirement  (application  of
the  visa  exemption  to  Romanian  nationals  from  1  January
2002).226

Parliament 
November 2001227

opinion

Adoption by the Council in
December 2001.229

Entry  into  force:
1.1.2002

225

226

227

OJ C 177, 27.6.2000.
COM(2001)570, 8.10.2001.
C5-0505/2001, 29.11.2001.

71

                                                
Procedure  and  conditions 
issuing visas by Member States

for

Commission 
Council 
Member States

/
/

April 2003

In June 2000 Finland presented an initiative on measures for
implementing the common consular instruction.230

Parliament 
[rejection] in March 2001231

opinion

– Adoption by the Council, in
April 2001,  of  Regulation  No
789/2001  on  measures  for
certain
implementing 
and
detailed 
for
practical 
visa
examining 
applications.232

provisions 
procedures 

France  has  presented  an  initiative  on  a  proposal  for  a
Council  decision  on  the  visa  conditions  applied  by  the
Member States.

Belgium  has  presented  an 
the
amendment  of  Part  VII  and  Annex  12  to  the  common
consular instruction (visa rights).

initiative 

relating 

to 

Belgium  has  presented  an 
the
amendment of Part III and Annex 16 to the common consular
instruction (uniform visa application form).

initiative 

relating 

to 

Common 

Decision  updating  part  VI
and  Annexes  3,  6  and  13  of
the 
Consular
Instructions  and  Annexes
to 
5(a),  6(a)  and  8 
the
Common 
Manual
(adaptation  to  take  account
of application of Schengen in
the 
countries)
adopted by the Council.233

Nordic 

234

Decision  2002/44/EC 
amending  Part  VII  and
Annex  12  to  the  Common
Consular  Instructions  and
Annex 14a to the Common
Manual  adopted  by 
the
Council in December 2001.

Decision  amending  Part  III
and  adding  Annex  16  to
the  Common  Consular
Instruction  adopted  by  the
Council in April 2002.

Entry  into  force:
24.4.2001

Implementation:
27.4.2001

Implementation:
no later than from
1.7.2004.

228

229

230

231

232

233

234

OJ L 81, 21.3.2001.
OJ L 327, 12.12.2001.
OJ C 164, 14.6.2000.
A5- 0066/2001, 13.3.2001.
OJ L 116, 26.4.2001, p. 2.
OJ L 116, 26.4.2001, p. 32.
OJ L 20, 23.1.2002.

72

                                                                                                                                                                                                                                                           
Rules on a uniform visa

Commission 
Council 
Member States

/
/

April 2001

The  rules  are  taken  into  consideration  under  the  existing
framework  of  the  Schengen  acquis  and  in  connection  with
the proposal on the movement of persons within the territory
of the Member States.

Further  development  of 
technical  specifications  of 
uniform format for visas

the
the

Commission/

Council

term

Short 
measures
2000-2002  -
long 
term
measures
2004

In  October  2001  the  Commission  presented  a  proposal  for
amending  Regulation  1683/95  on  a  uniform  format  for
visas.235

Parliament 
December 2001.236

opinion 

in

format 
for 
Uniform 
affixing 
the  visa 
documents  which 
recognised

forms 
to 
are 

for
travel
not

Commission 
Council 
Member States

/
/

2001

In March 2001 the Commission presented a proposal on the
use  by  the  Member  States  of  a  secure,  uniform  format  for
forms.238

Parliament 
December 2001.239

opinion 

in

Entry  into  force:
24.2.2002

Entry  into  force:
23.2.2002

Council  Regulation 
(EC)
18
of 
334/2002 
No 
February  2002  amending
Regulation  1683/95  on  a
uniform format for visas.237

(EC)
Council  Regulation 
No 
18
of 
333/2002 
February 2002 laying down
a uniform format for forms
for affixing the visa issued
to
by  Member  States 
persons  holding 
travel
documents  which  are  not
recognised by the Member
State  drawing  up 
the
form.240

235

236

237

238

239

240

COM(2001)577, 9.10.2001.
A5-0445, 12.12.2001.
OJ L 53, 23.2.2002.
COM(2001)157, 23.3.2001.
A5-0445, 12.12.2001.
OJ L 53, 23.2.2002.

73

                                                
Proposal  for  a  regulation  on  an
airport transit visa

Commission 
Council 
Member States

/
/

April 2001

Measures to set up a common
system for identifying visas241

Council 
Member States

/

Short-term
action

Long  term
measures
2005-2006

Airport  transit  arrangements
are  currently  covered  by  a
joint  action  and  by 
the
Schengen acquis.

Feasibility  study 
launched in July 2002.

to  be

To  be  seen  in  the  context
of  the  development  of  SIS
II (see below)

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.

Laeken  European
The 
Council  asked 
the
possibility  of  establishing
joint  consular  offices  be
considered.

that 

Measures  on  the  freedom  to
travel  within 
territory  of
Member States

the 

Commission 
Council 
Member States

/
/

April 2001

In  June  2000  the  Portuguese  Presidency  presented  an
initiative  on  travel  by  nationals  exempt  from  the  visa
requirement.242

Parliament 
[rejection] in March 2001245

opinion

In  July  2000  the  French  Presidency  presented  an  initiative
on travel on a long-stay visa.243

Parliament 
(rejection) 
2001246

opinion
January

Adoption by  the  Council  end
May 2001247

in 

Entry  into  force:
7.6.2001

The  Commission  presented,  in  July  2001,  a  proposal  for  a
directive  on  the  conditions  in  which  third-country  nationals
may  move  freely  in  the  territory  of  the  Member  States  for
periods  not  exceeding  three  months,  introducing  a  specific
travel authorisation  and laying  down the conditions  for  entry
for a maximum of six months.244

Parliament 
February 2002

opinion 

in

241

242

243

244

245

246

247

This measure is included in the EU Plan of Action against terrorism.
JO C164, 14.6.2000.
OJ C 200, 13.7.2000.
COM(2001)388, 10.7.2001.
A5- 0075/2001, 13.3.2001.
A5- 0388/2001, 18.1.2001.
OJ L 150, 6.6.2001.

74

                                                
Objective: Further development of a common policy related to false documents

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

In  March  2000  the  Council
to
adopted 
improve 
of
information.249

exchange 

decision 

a 

programme
Training 
financed 
ARGO
programme  adopted  by  the
Council in April 2002.

by 

Entry  into  force:
1.7.2000

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

Commission 
Council 
Member States

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

training 

Commission 
Council 
Member States

/
/

/
/

April 2001

In March 2001, the Commission presented a proposal on the
communitisation  of  the  uniform  format  for  residence  permits
granted to third-country nationals.248

Parliament 
December 2001

opinion 

in

Ongoing
process

Work  in  progress  in  the
Council

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

248

249

COM(2001)157, 23.3.2001.
OJ L 81, 1.4.2000.

75

                                                
Objective: Control at the external borders of the Union

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

Close  cooperation  between  the
Member  States  border  control
services,  such  as  exchange
programmes  and 
technology
transfer250

Commission 
Council 
Member States

/
/

 May 2002

In October 2001 the Belgian Presidency,  with Odysseus co-
financing,  organised  a  joint  operation  for  controls  at  the
Union's  future  external  borders  in  cooperation  with  Europol,
the Member States and the applicant countries.

The  Laeken  European  Council  asked  for  arrangements
for  cooperation  between  services  responsible 
for
external  border  checks  to  be  worked  out  and  for  the
conditions  in  which  a  mechanism  or  common  services
to  check  external  borders  could  be  created  to  be
studied.

the
Italy  will  present 
conclusions 
a
of 
feasibility  study  on  the
development 
joint
actions  cofinanced  by
Odysseus (ARGO).

of 

In  May 
communication on external borders.

the  Commission 

2002 

presented 

a

250

This measure is included in the EU Plan of Action against terrorism (periodic review).

76

                                                
Procedure  for  adopting  certain
measures 
the
Common Manual

implementing 

Commission 
Council 
Member States

/
/

Portugal  tabled  an  initiative  on  measures  implementing  the
provisions in the Common Manual.251

Parliament 
[rejection] in March 2001252

opinion

Entry  into  force:
24.4.2001

Entry  into  force:
1.12.2000

Implementation:
27.4.2001

Regulation  on  implementing
powers with  regard to certain
and
detailed 
practical 
for
carrying  out  border  checks
and  surveillance  adopted  by
the Council in April 2001.253

provisions 
procedures 

Adoption  by  the  Council  in
November  2000 
the
decision  to  downgrade  parts
of the Common Manual.254

of 

Decision  updating  part  VI
and  Annexes  6  and  13  of
the  Common  Consular
Instructions  and  Annexes
5(a),  6(a)  and  8  to  the
Manual
Common 
(adaptation to take account
of  application  of  Schengen
in  the  Nordic  countries)
adopted  by  the  Council  in
April 2001.255

of 

Decision declassifying Part
II 
Common
the 
Handbook  adopted  by  the
Council in April 2002.

Decision  revising  Part  I  of
the  Common  Handbook
adopted  by  the  Council  in
April 2002.

Rapid  inclusion  of  the  applicant
States in this cooperation

Commission/

Ongoing
process

Council 
Member States

/

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

Work ongoing in the context
of accession negotiations.

251

252

253

254

255

OJ C 73, 6.3.2001.
A5-0066/2001, 13.2.2001.
OJ L 116, 26.4.2001, p. 5.
OJ L 303, 1.12.2000.
OJ L 166, 26.4.2001, p. 32.

77

                                                
Objective: To convert and develop the Schengen acquis

Action needed

Responsibility

Timetabl
for
e 
adoption

State of play

Transposal

Proposals, initiatives, communications, Green Paper on which
work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

Communitisation  of  Article  2  of
the Schengen Convention.256

Commission 
Council 
Member States

Development of SIS II

Commission 
Council 
Member States

/
/

/
/

2001

The Commission intends to present a proposal in 2003.

2001

Initiative  by  Belgium  and  Sweden  on  the  development  of  the
second generation Schengen information system (SIS II).257

a
In  December 
2001 
communication  on  the  development  of 
II
information  system  (to  take  account  of  the  prospect  of
enlargement and of technical progress).258

the  Commission 

the  Schengen 

presented 

new
Discussion 
functions  in  SIS  II  are  in
progress.

of 

Regulation  and  Decision
on  the  development  of SIS
II  adopted  by  the  Council
in December 2001.259

256

257

258

259

This measure is included in the EU Plan of Action against terrorism (periodic review).
OJ C 183, 29.6.2001.
COM(2001)720, 18.12.2001.
OJ L 328, 13.12.2001.

78

initial 

invitation 

issued
The  Commission 
an 
to
tender  on  2  January  2002
for  a  feasibility  study  on
the future system.

Deadline 
implementation:
14.12.2001.

for

Expiry 
31.12.2006

date:

                                                
6.

CITIZENSHIP OF THE UNION

Objective: To further facilitate the right of citizens to move and reside freely

Action needed

Responsibility

Timetable
for
adoption

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

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

Commission/

2001

Council/ EP

In  May  2001  the  Commission  presented  a  proposal  for  a
European  Parliament  and  Council  directive  on  the  right  of
Union  citizens  and  members  of  their  families  to  travel  and
reside freely on the territory of the Member States260

Parliament 
opinion
awaited  before  the  end  of
the first half of 2002.

Work  in  progress  in  the
Council.

Regulation  on  security  of  travel
documents

Commission/

2001

Council/ EP

Member States’ attention is drawn to the need to consider a
possible  Community  instrument  to  make  travel  documents
more secure.

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

Commission 
Council 
Parliament

/
/

2001

The  Commission  intends  to  present  a  proposal  before
the end of the first half of 2002.

260

COM(2001)257, 23.5.2001.

79

                                                
Objective: Information on exercise of rights attached to Union citizenship

.

Action needed

Responsibility

Timetable
for
adoption

Communication  on 
elections to EP

results  of

Commission

2000

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Work planned

In  December  2000 
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.261

the 

Once 
results  have
been  consolidated  by  the
will
Commission, 
present 
report  on
the 
municipal  elections  before
the  end  of  the  first  half  of
2002.

it 

First 
elections

report 

on  municipal

Commission

2001

A questionnaire was sent to Member States.

Third report on the citizenship of
the Union

Commission

By  the  end
of 2000

The  Commission  drew  up  its  third  report  in  September
2001.262

Parliament 
opinion
awaited  before  the  end  of
the first half of 2002.

261

262

COM(2000)843, 18.12.2000.
COM(2001)506, 7.9.2001.

80

                                                
7.

COOPERATION AGAINST DRUGS

Priorities of the EU drugs strategy

As a collective and individual threat, the drugs problem needs to be addressed in a global, multidisciplinary and integrated manner.  The EU Plan of Action
against Drugs (2000-2004) will be assessed at mid-term and at completion, with the help of the European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA) and Europol.

Objective:  To implement the EU Drugs Strategy for 2000-04 endorsed by the European Council in Helsinki and the Plan of Action against Drugs (2000-2004) endorsed
by the European Council in Feira

Action needed

Responsibility

Timetable
for
adoption

State of play

Transposal

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

Implementation  of  the  European
Union  action  plan  on  drugs
(2000-2004)

June 2000

In  June  2001  the  Commission  presented  a  communication
on the implementation of the Action Plan.263

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

A  Joint  Declaration  on  the
implementation 
the
Drugs  Action  Plan  was
adopted  on  28  February

of 

263

COM(2001)301, 8.6.2001.

81

review  of 

Commission 

The 
is
currently  conducting  the
mid-term 
its
implementation  in  Europe
and  the  Member  States
expected
(finalisation 
before the end of 2002).

The  negotiations  were
launched on 7 March 2002.

                                                
that 

is  planned 

It 
the
applicant  countries  will
participate in  the EMCDDA
from 2003.

and 

2002  by  the  EU  Ministers
the
in  association  with 
Commission 
the
applicant  countries.    The
Declaration  refers  to  the
launching  of  negotiations
for  the  applicant  countries
the
to 
EMCDDA.

participate 

in 

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

and  Europol 

Council 
Commission 
Member States

/
/

The  Commission  has  presented  two  reports  (GHB  and
Ketamine)  to  the  Council  under  the  Joint  Action  on  new
synthetic  drugs.  On  that  basis,  in  March  2001  the  Council
adopted conclusions in line with the Commission's reports. It
has  asked 
to  maintain
the  EMCDDA  and  Europol 
surveillance of GHB and Ketamine and to  report to it  before
the end of 2001.

In  December  2001,  on  the  basis  of  a  risk  analysis  on
PMMA,  the  Commission  presented  a  proposal  for  a
Council  Decision  defining  PMMA  as  a  new  synthetic
drug  which  is  to  be  made  subject  to  control  measures
and criminal provisions.264

Parliament  opinion  in  May
2001266

Report 
examined in the Council.

now 

being

concerning
Decision 
and
control  measures 
in
criminal 
new
respect 
synthetic 
PMMA
adopted  by  the  Council  in
February 2002.267.

sanctions 
of 

drug 

the 

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.265

on 

The  Council  is  continuing
to  work 
aspects
relating  to  determination
of  the  profile  of  synthetic
drugs.

Adoption  by  the  Council  in
May  2001  of  the  decision
concerning  the  transmission
of samples.268

to 

Spain  has  presented  a  Council  recommendation  on  the
need 
information
reinforce  cooperation  and 
exchanges  between  the  Member  States’  operational
units  specialising  in  combating  trafficking  in  chemical
precursors.

Adoption by the Council in
April 2002.

The 
Member
States  have  three
to
months 
transpose 
the
decision.

264

265

266

267

268

COM(2001)734, 6.12.2001.
OJ C 10, 12.1.2001.
A5-0121/2001, 3.5.2001.
OJ L 63, 6.3.2002, p. 14.
OJ L 150, 6.6.2001.

82

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

Common  definitions,  offences
and penalties in the field  of  drug
trafficking.269

Financial 
instrument 
combating drug trafficking

for

Council 
and
Parliament  on
the  basis  of
of
proposals 
the
Commission

Council,  on  the
a
basis 
proposal  by  the
Commission

of 

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

Development  by  the  EMCDDA  and  Europol  in  2001  and
2002  of  methodological  instruments  to  evaluate  anti-
drug measures.

adopted 

On  10  December  2001  the
Council 
a
Resolution  on  the  national
these
implementation  of 
epidemiological
indicators.

April 2001

Having received a study of national laws and regulations
on  drug  trafficking,  the  Commission  presented,  in  June
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.270

Parliament opinion in April
2002.271

Laeken 

The 
European
Council restated the urgency
of 
being
adopted before May 2002.

proposal 

this 

In  2001  the  Commission  implemented  the  budget  line
introduced at the European Parliament’s request to finance a
preparatory programme to combat drug trafficking.

In  2002  the  Commission
this
will 
implement 
financial 
for
the second year running.

instrument 

Entry  into  force:
1.7.2001

269

270

271

See also table on "Fight against certain forms of crime".
COM(2001)259, 23.5.2001.
A5-0460/2001, 25.4.2002.

83

                                                
8.

STRONGER EXTERNAL ACTION

Priorities of the European Council meetings in Tampere and Feira

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 in the definition and implementation of
other Union policies and activities.

Objective: All the 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

Action needed

Responsibility

Timetable
for
adoption

Proposals,  initiatives,  communications,  Green  Paper  on
which work is based

Progress in the Council and,
if appropriate, Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

State of play

Transposal

Enlargement:  ensure  that  justice
and 
are
consistently  integrated  into  the
enlargement process

affairs 

home 

immigration  policy. 

applicant
Discussion  with 
countries  at  Council  meeting
in  March  2001  on  combating
organised  crime  and  asylum
and 
in
September  2001  on  trafficking
in  human  beings;  on  28
February  2002  on  external
and
borders, 
questions 
judicial
capacity.

drugs 
of 

in  September
Adoption 
2001 by Member States and
applicant  countries  of  12
undertakings  on  combating
trafficking in human beings.

Ongoing  negotiations  on
Chapter  24 
(Justice  and
Home  Affairs)  and  further
Community  support  to  JHA
Phare
through 
the 
twinning
programme, 
partnership
schemes, 
and
agreements 
participation 
JHA
programmes.

in 

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

June 2000

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

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 
to
establishing  the  AFSJ;  update  for  the  Laeken  European
Council in December 2001.

to  contribute 

thus 

84

of 

priorities
Implementation 
identified  for  the  progress  report
requested by the Feira European
Council:

–  Negotiations  with 
non-
applicant  Balkan  countries  of
stabilisation  and 
association
agreements

Continuation  of  the  Barcelona
Process

Signing  of  agreements,  including  the  JHA  chapter,  with
Croatia and FYROM, and negotiations now being prepared
with  Albania  and  the  FRY  extending  to  JHA  matters.
Establishment of a regional and country-by-country JHA
strategy  for  the  CARDS  programme  (2002-06)  applying
especially to asylum, immigration,  organised crime, judicial
matters,  border  management  and  maintenance  of  a
regional dynamic for the reform of JHA institutions.

Reinforce  the  JHA  dimension  of  the  Meda  programme;
 (adoption  of  a framework  document on  22  April  2002) ;
implementation of the action plan of the High Level Working
Group on Asylum and Immigration for Morocco.

85

–  Concluding  of 
agreements

readmission

Negotiations  under  way  for  readmission  agreements  with
Macao, Russia, Pakistan, Sri Lanka and Morocco.

Agreement signed with Hong
Kong.

–  Cooperation  on  justice  and
home affairs

A  negotiating  brief  for  a
readmission agreement  with
Ukraine  is  being  discussed
in the Council.

Russia: 
implementation  of
the  action  plan  to  combat
organise crime.

Ukraine:  implementation  of
the JHA action plan.

in 

United  States:  follow-up  to
the  Council  conclusions  of
in  particular
20.09.2001, 
negotiation  with  the-United
States  of  an  agreement  for
cooperation 
criminal
matters  on 
the  basis  of
Articles  38  and  24  of  the
(Council
Treaty 
Union 
agreed to a negotiating brief
in  April  2002);  follow-up  to
the
the  conclusions  of 
Gothenburg 
European
Council.272

272

This measure is included in the EU Plan of Action against terrorism (periodic review).

86

                                                
–  Negotiation  of  multilateral
instruments

Council of Europe:

- Cybercrime Convention; open for signature;

-  2nd  Protocol  to  the  1959  Convention:  Adoption  by  the
Council of Europe on 20.09.2001 and open for signature
on 8.11.2001;

Community accession to Convention 108 and the additional
protocol  on  data  protection:  ratification  under  way  by  the
contracting countries, prior to accession to the Community.

United Nations Convention:

United  Nations  Protocol  on  firearms  signed  by  the
Commission for the European Community.

-  Corruption:  common  negotiating  position  adopted  in
November  2001. 
the  Commission
In  April  2002 
presented  a  recommendation  for  a  Council  Decision
authorising  it  to  take  part  in  the  negotiations  on  behalf
the  European  Community.273  New  common
of 
negotiating position in preparation.

-  Terrorism:  constant  European  Union  support  for  the
second  stage  of  the  negotiations  for  a  convention
against international terrorism.

273

SEC(2002)431, 23.4.2002.

87

crime: 

Organised 
the
Commission will present a
proposal for conclusion of
the UN Convention and its
Protocols 
the
the
Community  before 
end  of  the  first  half  of
2002.

by 

                                                
9.

OTHER CURRENT INITIATIVES

MEMBER STATES

TITLE

CONNECTION WITH TAMPERE/VIENNAState of progress

Finland

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

See "Management of migration flows"

– Parliament opinion [rejection] May 2000

– Discussion in the Council suspended

Finland

Council Recommendation on the exchange of DNA

Adoption by the Council in June 2001 of a resolution on the exchange of results of DNA analyses

Sweden

Council Decision amending the staff regulations applicable to Europol employees

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

Sweden

France

Belgium

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

Adoption by the Council end May 2001

Council Recommendation regarding the assessment of terrorist threats against VIPs

Adoption by the Council in December 2001

Draft Resolution on the contribution of civil society in the search for missing and sexually
exploited children

Adoption by the Council in September 2001

Belgium, Spain and France

Draft Council Decision amending Article 40(1) and (7) of the Convention implementing the
Schengen  Agreement  of  14  June  1985  on  the  gradual  abolition  of  checks  at  common
borders

Work ongoing in the Council.

Parliament opinion in April 2002

Netherlands

Draft  Council  Decision  setting  up  a  European  network  of  contact  points  as  regards
persons responsible for genocide, crimes against humanity and war crimes.

Work ongoing in the Council.

Parliament opinion in April 2002

88

Spain

Spain

Spain

Spain

Spain

Spain

Spain

Spain

Spain

Draft Council Decision setting up a European network of contact points as regards
national authorities with responsibility in matters of private security.

-  Presentation  to  the  Council  in  January  2002  (discussions  in  progress,  notably  as  regards  the
legal basis).

Draft Council Decision establishing a European Police Studies Institute.

Presentation to the Council in January 2002.

Proposal for a Council Decision on collective transit visas for sailors.

Discussions in progress in the Council, notably as regards the legal basis.

Draft  Resolution  of  the  council  and  of  the  Representatives  of  the  Member  States
meeting in the Council on the prevention of the recreational use of drugs.

Adoption by the Council in April 2002

(See implementation of the EU Action Plan on Drugs (2000-2004)

Proposal for a Resolution of the council and of the Representatives of the Member
States  meeting  in  the  Council  on  the  prevention  of  drug  addiction  in  school
curricula

Work ongoing in the Council.

(See implementation of the EU Action Plan on Drugs (2000-2004)

Draft  Council  Recommendation  on  the  improvement  of  operational  investigation
methods in the fight against crime related to organised drug trafficking

Adoption by the Council in April 2002

(See implementation of the EU Action Plan on Drugs (2000-2004)

Draft  Council  Recommendation  on  the  constitution  of  ad  hoc  multinational
investigation teams to gather information on terrorists

Adoption by the Council in April 2002

(See implementation of the EU Action Plan on Drugs (2000-2004)

Draft  Council  Decision  on  the  implementation  of  specific  police  and  judicial
cooperation measures to combat terrorism, in accordance with Article 4 of common
position 2001/931/CFSP

Work ongoing in the Council.

Council Decision establishing a European network for the protection of VIPs

Presentation to the Council in January 2002.

89