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 (second half of 2002)
Date: 2002-12-16
Institutions: European Commission
Subjects: EU migration policy, EU police cooperation, EU visa policy, European judicial area, Europol, right of asylum

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.12.2002
COM(2002) 738 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

(SECOND 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.

An  introductory  summary  recapitulates  the  main  achievements  since  Tampere  and  the
Commission proposals and work planned in relation to them so as to help the reader interpret
the tabular presentation that follows.

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TABLE OF CONTENTS

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

A common EU asylum and migration policy............................................................. 12

Partnership with countries of origin ........................................................................... 12

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

Fair treatment of third country nationals.................................................................... 19

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

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

Better access to justice in Europe............................................................................... 29

Mutual recognition of judicial decisions.................................................................... 34

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

Union-wide Fight against Crime................................................................................ 43

Preventing crime at the level of the Union................................................................. 43

Stepping up cooperation in the fight against crime.................................................... 46

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

Special action against money laundering................................................................... 64

Issues related to internal and external borders and visa policy, Implementation of
Art. 62 EC and converting the Schengen ................................................................... 69

Citizenship of the Union ............................................................................................ 77

Cooperation Against Drugs........................................................................................ 79

Stronger External Action............................................................................................ 82

Other current initiatives.............................................................................................. 87

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 May 2002 and work planned by the Commission for 2003 in its work
programme. Progress is detailed in the tables below.

The  progress  made  in  the  last  six  months  confirms  that  the  impetus  given  at  the  Laeken
European  Council  is continuing to bear  fruit.  Major  decisions  on  which  the  principle  had
been  agreed  have  now  been  formally  confirmed.  An  example  is  the  adoption  of  the
European arrest warrant and the framework decision on terrorism. Important progress was
also  made  with  judicial  cooperation  in  civil  matters  in  the  application  of  the  mutual
recognition principle.

But  this  progress  must  be  seen  in  the  light  of  what  remains  to  be  done  to  complete  the
Tampere programme on schedule.

The  backlog  referred  to  by  the  Laeken  European  Council  has  not  been  cleared  in  some
areas,  notably  as  regards  the  common  policies  on  asylum  and  immigration,  though  the
necessary proposals are all before the Council. The Seville European Council nevertheless
felt the need to give a fresh impetus by declaring its determination to speed up every aspect
of the implementation of the programme adopted at Tampere for the creation of an area of
freedom,  security  and  justice  in  the  European  Union.  New  priority  has  accordingly  been
given to measures  to  combat  illegal  immigration  and  to  progress  in  establishing  common
management of external borders.

But  the  fact  remains  that,  despite  the  efforts  made  and  the  undeniable  progress  achieved,
the difficulties raised by the Commission in the 30 October 2001 Scoreboard for the Laeken
European  Council’s  mid-term  review  of  the  implementation  of  the  Tampere  programme
have not gone away. They lie in particular in the problems of adjusting national approaches
to  these  admittedly  tricky  matters,  which  the  Union’s  current  institutional  set-up  and
decision-making  mechanisms  provide  no  means  of  obviating.  The  Union  is  faced  with
imminent  enlargement  on  an  unprecedented  scale.  And  2003  will  be  the  last  year  of  the
run-up  to  the  deadlines  set  by  the  Amsterdam  Treaty  and  the  Tampere  programme.  At  a
time  when  the  Convention  of  the  future  of  Europe  is  coming  up  to  a  crucial  stage  in  its
proceedings,  thought  must  be  given  to  ways  of  avoiding  all  dispersal  of  initiatives  if  the
measures that have been given priority are to be taken on time.

The tables below provide a more detailed snapshot of the work that has been done and of
the Commission' s priorities for the next year 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.

4

A common EU asylum and migration policy

Eighteen  months  ahead  of  the  deadline  set  by  the  Amsterdam  Treaty,  only  a  few  of  the
objectives defined for the establishment of a common asylum and immigration policy have
been  met.  The  Seville  European  Council  did  endeavour  to  accentuate  the  dynamism
flowing from the Laeken European Council.

Significant  progress  should  be  made  on  the  asylum  front  with  the  expected  adoption  in
December  of  the  Dublin  II  Regulation  laying  down  criteria  and  mechanisms  for
determining the Member State responsible for  examining an asylum application presented
in another Member State, as requested by the Seville European Council.

In  June  the  Commission,  in  accordance  with  the  conclusions  of  the  Laeken  European
Council,  presented  an  amended  proposal  for  common  minimum  standards  concerning  the
procedure for granting or withdrawing refugee status. In July, following the decision by the
Permanent  Representatives  Committee  to  close  the  CIREA  (Centre  of  Information,
Reflection and Exchange on Asylum), the Commission set up a  European Union  network
for asylum practitioners (EURASIL).

Early  in  2003  the  Commission  is  planning  a  progress  report  on  work  on  the  common
asylum  procedure  and  the  uniform  status,  and  on  the  implementation  of  the  first-stage
instruments.  Late  in  2003  it  will  follow  this  with  two  communications  concerning  the
examination  of  asylum  applications  outside  the  EU  and  the  establishment  of  a  single
procedure for examining applications for protection in the Member States.

On the immigration front, the proposal for a directive on family reunification, amended by
the  Commission  in  May  at  the  Laeken  European  Council’s  request,  is  still  under
examination. The rules on admission of third-country nationals, laid down in particular in
the  proposal  for  a  directive  on  admission  for  the  purposes  of  employment  of  July  2001,
were  supplemented  by  a  new  proposal  for  a  directive  presented  by  the  Commission  in
October  on  the  conditions  for  entry  and  residence  for  the  purposes  of  studies,  vocational
training and voluntary service.

In the first half of 2003 the Commission is planning a communication on the integration of
third-country nationals, a matter regarded as important by the Seville European Council.

Regarding the evaluation of migratory flows, following its communication of July 2001 on
the  implementation  of  an  open  coordination  method,  the  Commission  presented  a
communication  in  December  on  the  implementation  of  the  Council  Action  Plan  of
April 1998 on the exchange and analysis of statistics to help set up an information exchange
system on asylum, migration and countries of origin. The Council, acting on a Commission
proposal,  adopted  a  Decision  establishing  an  action  programme  for  administrative
cooperation  in  the  fields  of  external  borders,  visas,  asylum  and  immigration  (the  ARGO
Programme).

Turning to the fight against illegal immigration, in July the Council adopted, in accordance
with  the  conclusions  of  the  Seville  European  Council,  a  framework  decision  on  the  fight
against trafficking in human beings and in November, a framework decision on the liability
of  people  smugglers  and  a  directive  defining  assistance  for  illegal  entry,  transit  and
residence.  In  2003  the  Commission  will  present  a  White  Paper  on  Reinforcement  of  the
provisions governing the liability of carriers.

5

Concerning aid for countries of origin and transit, the Seville European Council confirmed
that the Union was ready to provide the necessary technical and financial assistance, so the
Commission  intends  to  present  a  proposal  in  2003  with  the  aim  of  establishing  a  multi-
annual  programme  of  cooperation  with  third  countries  in  the  field  of  migration.    The
intention is to respond in a specific and complimentary way to the needs of third countries
in  their  efforts  to  ensure  better  management  of  all  aspects  of  migratory  flows  and,  in
particular,  to  stimulate  third  countries  in  their  preparation  to  implement  the  readmission
agreements  or  to  assist  them  with  the  implementation  itself.    This  programme  will  be
implemented in conformity with the global coherence of the Community’s external action
plan and in complement to the other community cooperation and development instruments.

The  conclusion  of  readmission  agreements  with  third  countries  is  an  aspect  of  the
management of migratory flows to which great importance was attached at Seville, where
the European Council asked for the conclusion of agreements currently being negotiated to
be  accelerated  and  for  the  new  mandates  for  the  Commission  to  negotiate  with  other
countries to be approved.

An agreement was signed by the Commission with Hong Kong on 27 November. This will
be the first Community readmission agreement to enter into force. It should be followed by
agreements with Sri Lanka, initialled on 30 May, and Macao, initialled on 18 October 2002,
which are in the process of being ratified. Negotiations began in November with Ukraine,
and informal negotiations are continuing with Morocco.

The  Seville  European  Council  called  for  a  clause  on  the  joint  management  of  migratory
flows and compulsory readmission in the event of illegal immigration to be inserted in all
future  cooperation,  association  and  equivalent  agreements  concluded  by  the  European
Union  or  the  European  Community  (see  conclusions  of  the  General  Affairs  Council  of
18.11.2002).  The  Council  gave  the  Commission  new  mandates  to  open  negotiations  with
Albania,  Algeria,  China  and  Turkey  and  adopted  conclusions  on  closer  cooperation  with
third countries in the management of migratory flows.

The policy on the return of illegal residents in Union territory is another facet of the policy
on management of migratory flows in the Union. Following its April Green Paper and the
conclusions of the Seville European Council calling for the basics of a repatriation policy to
be  put  into  place  by  the  end  of  the  year,  the  Commission  presented  a  communication  in
October outlining its first thoughts on a programme of action on returns.  On this basis, the
Council adopted Action plan on returns in November  and  also  indicated its  agreement on
the plan for returns to Afghanistan. Moreover, and at the European Council’s request, the
Commission  transmitted  a  report  in  December  to  the  Council  on  the  financial  resources
available  at  community  level  for  the  repatriation  of  refugees  and  asylum-seekers  whose
applications  are  rejected,  on  the  management  of  external  borders  and  on  asylum  and
migration  projects  in  third  countries.    The  Commission  adopted  this  report  jointly  with  a
Communication on migration and development.

6

European Law-enforcement Area

As regards civil matters

Useful progress was made in the last six months. The Member States and the Commission
completed  the  preparatory  work  for  the  Network,  which  has  been  operational  since
1 December.

The Council should be able to adopt the directive on judicial aid in December. Following
its proposal of payment of uncontested claims presented in April, the Commission intends
to  present  a  Green  Paper  in  December  2002  on  closer  approximation  of  the  rules  of
procedure for uncontested claims and small claims, and in 2003 it is planning a proposal for
a European injunctions-to-pay procedure.

To  improve  the  protection  of  victims’  rights  and  assistance  to  victims,  the  Commission
presented  a  proposal  for  a  directive  on  victim  compensation  in  October  to  follow  up  the
Green Paper presented in September 2001, which has been widely debated since then.

Numerous  initiatives  were  taken  to  inform  the  public  about  judicial  cooperation  in  civil
matters in the Union: a joint conference with the Council of Europe on access to justice in
October; a campaign to be launched in 2003; and initiatives to improve familiarity with the
European  Judicial  Network  in  civil  and  commercial  law  among  the  judiciary  and  the
general public.

In  October  the  Council  adopted  negotiating  directives  for  an  agreement  between  the
Community  and  the  Lugano  Convention  States  to  facilitate  the  mutual  recognition  of
judgments in civil and commercial matters.

As  for  the  law  applicable  to  non-contractual  obligations  (Rome  II  Convention),  the
Commission  launched  a  public  consultation  on  a  preliminary  draft  Regulation  and  is
expecting to present its definitive proposal in the first half of 2003.

The  Commission  intends  to  adopt  a  Green  Paper  in  December  2002  on  the  question  of
revision of the Rome Convention with a view to modernising it and possibly converting it
into a Community instrument.

Both the Council and the Commission  launched  studies  on  the  law  applicable  to  divorce.
The  results  of  the  Commission  study  were  made  available  in  the  third  quarter,  and  the
Commission is planning to present a White Paper on that basis in 2003.

Finally, in November the Council reached agreement in principle on an essential aspect of
the draft Council regulation on the competence, recognition and execution of decisions in
the  areas  of  marital  and  parental  responsibility,  namely  the  settlement  of  questions  of
jurisdiction in cases where children are removed. An agreement could also  be reached on
the  Council  Decision  authorizing  Member  States  to  sign,  in  the  interest  of  the  European
Community, the 1996 Hague Convention.

As regards criminal matters

The  adoption  by  the  Council  of  the  Framework  Decision  on  the  European  arrest  warrant
and  surrender  procedures  in  June  (based  on  a  Commission  proposal)  constitutes  the  first,
and  without  doubt  one  of  the  most  important  achievements  in  the  implementation  of  the
programme of mutual recognition in criminal matters.  It replaces a complex system, which

7

required a combined reading of several conventions on extradition, with a single system of
surrender based upon the European arrest warrant and in particular removing the need for
intervention  at  governmental  level  from  the  procedures.  Moreover,  it  constitutes  a
significant  advance  in  removing  the  dual  criminality  requirement  in  cooperation  between
Member States in respect of 32 categories of serious offences.  It also constitutes progress
on  other  aspects  (e.g.  surrender  of  own  nationals).  The  deadline  for  implementing  the
framework  decision  is  31.12.2003,  although  five  Member  States  have  already  agreed  to
apply it from 1 January 2003.

In addition, by way of complement to the mutual recognition programme, the Commission
is planning to present, in the first half of 2003, a Green Paper on the procedural guarantees
enjoyed  by  suspects  and  a  communication  on  criteria  for  determining  jurisdiction  in
criminal matters.

Regarding the mutual recognition of decisions at the pre-trial stage, the Council must still
formally  adopt  the  framework  decision  on  the  freezing  of  assets  and  evidence,  following
the  Opinion  of  the  European  Parliament.  The  Commission  intends  to  present,  in  2003,  a
proposal  for  a  framework  decision  on  the  mutual  recognition  of  measures  relating  to
evidence.

In  November  the  Council  made  progress  on  a  framework  decision  on  the  application  of
mutual  recognition  to  financial  penalties.  In  June,  Denmark  presented  a  draft  framework
decision on the enforcement of confiscation orders in the Union. In 2003 the Commission is
planning to present a communication on the approximation of criminal penalties.

On the exchange of information on criminal records, the Commission is planning to present
a proposal for a decision establishing a standard-form request for details of criminal records
in the first half of 2003.

Union-wide Fight against Crime

The fight against the most serious forms of crime, including terrorism, is more than ever a
high Union priority.

Regarding  Europol,  the  Council  adopted  an  Act  of  Council  on  the  28  and  29  November
carrying a protocol which amends the ‘Europol’ Convention in order to clarify the role and
degree  of  participation  of  those  responsible  at  Europol  with  Joint  Investigation  Teams  as
well as the requests of Europol to initiate criminal investigations.

In  addition,  a  series  of  negotiations  about  the  exchange  of  information  are  underway
between  Europol  and  third  countries  including  in  particular  candidate  countries  but  also
countries like the United States, Canada, Norway and Iceland.

The  purpose  of  the  AGIS  programme  for  police  and  judicial  cooperation  in  criminal
matters,  adopted  by  the  Council  in  July  for  the  period  2003-2007,  is  to  reinforce
cooperation between the police and judicial authorities of the Member States. AGIS takes
over  the  activities  of  the  former  Title  VI  cooperation  programmes  OISIN,  FALCONE,
GROTIUS,  STOP  and  HIPPOKRATES  and  the  budget  heading  to  implement  the  Union
action plan against drugs.

The first annual  report of the  European  crime-prevention  network  on  crime  prevention  in
the Union will be out shortly. The Forum for the prevention of organised crime pursued its
activities  with  workshops  on  money-laundering,  studies  on  the  impact  of  crime,

8

counterfeiting  and  piracy,  and  trafficking  in  cultural  goods.  In  2003  the  Commission  is
planning  a  communication  on  crime  prevention  to  follow  up  its  initial  communication  of
December 2000.

To combat organised crime, the Council adopted a framework decision on joint inspection
teams in June, approved the Rules of Procedure and appointed the president of Eurojust to
help  combat  organised  crime.  In  December,  the  Eurojust  unit  moved  to  the  Hague  (the
provisional seat decided by the Laeken European Council).

Progress was made on the harmonisation of definitions, offences  and  penalties  for  certain
serious forms of crime. In June the Council adopted the framework decision on terrorism,
followed in July by a framework decision on the fight against trafficking in human beings.
In October the Council agreed to the principle of a framework decision on the fight against
sexual exploitation of children and child pornography.

Now  that  the  first  framework  decisions  have  been  adopted,  the  question  of  proper
transposal  is  of  great  importance  for  their  effectiveness.  In  February  2002,  the  Council
adopted its first report on the framework decision strengthening the protection of the Euro
through criminal penalties. In January 2003 the Commission will present its second report
on the implementation of this framework decision and  at the end of 2003 it will present a
report  on  the  transposal  of  the  framework  decision  of  June  2002  on  the  fight  against
terrorism.

Regarding  the  reinforcement  of  the  protection  of  the  Community's  financial  interests,  the
Commission  presented  an  amended  proposal  in  October,  following  the  opinion  of  the
European Parliament. In January 2003 the Commission will submit an evaluation report on
the  activities  of  OLAF,  who  will  tackle  in  particular  the  questions  relating  to  the  legal
follow up of the investigations of OLAF.  In March 2003, the Commission will present a
Communication on the follow-up of the Green Paper relating to the European Prosecutor.

Regarding  money-laundering,  which  finances  both  organised  crime  and  terrorism,  the
Presidency  presented  draft  framework  decisions  on  confiscation  orders  and  their
enforcement in the European Union. In 2003 the Commission is planning a proposal for a
framework  decision  to  combat  money  laundering  through  payments  in  cash.  It  will  also
present a communication evaluating the action undertaken to combat financial crime under
the third pillar.

Policy on internal and external borders and visas, and Schengen

The  Seville  European  Council  stressed  the  priority  to  be  given  to  establishing  common
management  of  the  Union’s  external  borders.  In  June,  following  the  Commission
communication  of  7  May,  as  well  as  the  feasibility  study  commissioned  by  Italy  on  the
development  of  joint  actions  and  a  study  on  police  and  security  at  borders,  the  Council
adopted a plan for the management of the Union Member States’ external borders.

Following  the  Seville  European  Council,  work  continued  on  improving  coordination
between  immigration  liaison  officers  in  the  Member  States.  Joint  operations  at  external
borders are in preparation, and several pilot projects have been launched. These include a
working  party  to  devise  a  common  model  for  risk  analysis,  which  the  European  Council
highlighted  as  a  priority.  Work  will  continue  in  2003  on  the  various  aspects  of  common
management of borders, including the possible establishment of a European corps of border
police.

9

The European Council also asked the Commission to consolidate the Community rules on
external border controls and surveillance, and in the  first  half of  2003  the  Commission is
planning to present a proposal for restructuring the Common Manual for external borders.

In  the  framework  of  developing  a  common  policy  on  visas,  the  Commission  presented  a
proposal in October amending the common consular instructions. In September it launched
a feasibility study on the introduction of a common visa identification system, the results of
which will be available at the end of the first quarter of 2003  and will lay  the  basis for  a
proposal  for  a  Regulation  that  the  Commission  is  planning  to  present  to  develop  such  a
system.

The  European  Council  asked  the  Council  and  the  Commission  to  give  top  priority  to
reviewing  the  list  of  third  countries  whose  nationals  must  be  in  possession  of  a  visa  and
those that are exempt from that requirement, under the Union’s plan of action against illegal
immigration,  in  November  the  Commission  adopted  a  proposal  to  modify  regulation  No
539/01, based on the responses to a questionnaire addressed to Member States.

In June, among the measures to combat false documents, the Council adopted a Regulation
to  communitise  the  uniform  format  for  residence  permits  for  third-country  nationals,  the
necessary technical specifications having been adopted in August.

Finally,  work  continued  on  developing  the  second-generation  Schengen  Information
System, the Commission having launched a feasibility study in July 2002.

Citizenship of the Union

The  Council  discussed  the  proposal  for  a  directive  on  the  right  of  Union  citizens  and
members of their families to move and reside freely in the territory of the Member States,
thus completing the rules on Union citizens’ rights of entry, movement and residence.

In  addition,  the  Commission  intends  to  present  a  proposal  in  2003  for  a  Regulation  on  a
uniform format for residence cards for Union citizens and members of their families.

Cooperation Against Drugs

The Commission made its mid-term review of the implementation of the European  Union
Plan  of  Action  against  drugs  (2000-2004)  adopted  at  the  Feira  European  Council  in
June 2000,  presenting  a  communication  in  November.  The  guidelines  set  out  in  the
communication were approved at the Copenhagen European Council.

The Laeken European Council had requested that the Council adopt the framework decision
establishing minimum provisions on the constituent elements of criminal acts and penalties
in the field of drug trafficking before the end of May 2002. The Counsel is still discussing
this instrument which is on the agenda for the JHA Council in December.

Stronger External Action

The negotiations with the applicant countries of Chapter 24 on justice and home affairs are
provisionally  closed  as  regards  ten  of  these  countries.  They  are  continuing  with  Bulgaria
and  Romania.  In  October  the  Council  had  a  discussion  with  the  Ministers  of  Justice  and
Home Affairs  of  the  applicant  countries  on  questions  relating  to  the  Schengen  evaluation
process and mutual recognition.

10

Given  the  importance  of  pursuing  cooperation  with  the  applicant  countries,  it  must  be
stressed  that  the  Community  still  provides  support  even  though  the  negotiations  are
completed. The October European Council supported the insertion of safeguard clauses in
future accession treaties.

Regarding  the  non-applicant  countries  in  the  Balkans,  association  and  stabilisation
agreements containing a major Justice and Home Affairs chapter were signed with Croatia
and FYROM. The Council gave a mandate for negotiations with Albania and  exploratory
discussions are going on with the Federal Republic of Yugoslavia.

Cooperation with the United States also features as a priority the Union’s agenda.  On the
basis of the mandate given by the Council in April, an agreement on judicial cooperation in
criminal matters is being negotiated under Articles 24 and 38 of the Union Treaty.

With regard to non-candidate countries, the Commission has tried to integrate in a specific
manner the themes related to justice and home affairs in their cooperation programmes with
third countries.  A significant amount of  aid has been programmed, mainly for the period
2002-2004, in order to support third countries directly in their efforts- initially those in the
areas  of  the  Mediterranean  (e.g.  MEDA),  the  Balkans,  Eastern  Europe  and  Central  Asia-
directly in their efforts.

11

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. The Seville European Council formally
restated the need for this and set precise deadlines for the adoption of legislative instruments1.

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.

After the Tampere European Council, the themes related to justice and home affairs were integrated in a specific manner in the cooperation programmes with
third countries (e.g. the national and regional strategy documents adopted by the Commission).

1

Council Decision 2002/463/EC of 13 June 2002 adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO) (OJ L 161, 19.6.2002, p. 11).

12

                                                
Objective:

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

Action needed

Jurisdiction

Timetable
for adoption

State of play

Transposition

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

Progress 
in 
appropriate, Parliament

the  Council  and, 

if

Adoption  by  the  Council  and, 
appropriate, Parliament

if

Work planned

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

Council 
Commission

and

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

Council 
Commission

and

April 2001

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

Implementation  of  a  new
for
budgetary 
cooperation 
third
countries of origin and transit2

instrument 
with 

Council 
Commission

and

As  soon  as
possible

The  Commission  has  committed  the  €10
million entered in the 2001 budget and the
€12.5  million  allocated  by  the  budgetary
authority in 2002.

Following  this  report  adopted  by  the
Council,  new  action  plans  should  be
drawn up on the basis of the experience
acquired  in  implementing  the  action
plans  adopted  so  far.  Criteria  must  be
defined before choosing the countries or
regions  for  which  new  action  plans  will
be  made.  The  High-Level  Group  has
decided  for  the  moment  to  launch  no
new action plans.

At 
the
the  beginning  of  2003, 
Commission  is  planing  to  present  a
proposal for a regulation establishing a
legal base  regarding  cooperation  with
third  countries 
the  area  of
migration.3.

in 

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.

2

3

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

13

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

Examination 
the
effectiveness  of  the  Dublin
Convention

of 

Adoption  of  criteria  and
mechanisms (regulation)

Evaluation 
to
be  conducted
by 
the
Commission

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

2000

Final evaluation report presented in April 20014

April 2001

Commission  staff  working  document  presented  in  March
2000.5

Parliament  opinion  in  April
20027

Commission proposal for a Regulation in July 20016.

Work  in  progress  in  the
Council.

Seville 

The 
European
Council  asked  the  Council
to  approve  the  Dublin  II
Regulation  by  December
2002.

Finalise work on EURODAC

Council 
Commission

and

Commission proposal in May 19998, for a Council Regulation
establishing the Eurodac system, amended in March 20009.

EP  Opinions  in  November
199910 
-  and  September
200011

Regulation  adopted    by  the
Council  in  December  200012
and  implementing  regulation
in February 200213.

(cid:1) 

(cid:1) 

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

the
the
in
the
the

Implementation  of  a
control
communal 
authority 
28
on 
November 2002

4

5

6

7

8

9

10

11

12

SEC(2001) 756, 13.6.200: Commission staff working paper – Evaluation of the Dublin Convention.
Commission  working  paper  –  “Revisiting  the  Dublin  Convention:  developing  Community  legislation  for  determining  which  Member  State  is  responsible  for  considering  an  asylum  application  submitted  in  one  of  the
Member States” (SEC(2000)522, 21 March 2000).
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 (COM(2001) 447, 26.7.2001).
A5- 0081/2002, 8 April 2002.
Proposal for a Council Regulation concerning the establishment of "Eurodac" for the comparison of fingerprints of applicants for asylum and certain other aliens (COM(1999) 260, 26.5.1999).
Amended  proposal  for  a  Council  Regulation  concerning  the  establishment  of  "Eurodac"  for  the  comparison  of  the  fingerprints  of  applicants  for  asylum  and  certain  other  third-country  nationals  to  facilitate  the
implementation of the Dublin Convention  (COM(2000) 100, 15.3.2000).
A5- 0081/1999, 11.11.1999.
OJ C 146, 17.5.2001.
OJ L 316, 15.12.2000.

14

                                                
Objective: A fair and efficient asylum procedure

Timetable
for
adoption

April 2001

Action needed

Jurisdiction

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

of 
standards 

common
Adoption 
on
minimum 
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)

State of play

Transposition

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

Commission  proposal  for  a  directive  in  September  2000,14
amended 
the
conclusions of the Laeken European Council.

in  accordance  with 

in  June  2002,15 

.

Parliament 
September 200116

opinion 

in

Council  conclusions  adopted
in December 200117

Work  in  progress  in  the
Council.

Seville 

The 
European
Council  asked  the  Council
to approve the Directive by
2003.

of 

conditions 

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

April 2001

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

Commission proposal for a Council directive in April 200118.

Parliament  opinion  in  April
200219

Work  in  progress  in  the
Council.

13

14

15

16

17

18

19

Regulation laying down certain detailed rules for the application of Regulation No 2725/2000 concerning the establishment of Eurodac (OJ L 62, 5.3.2002, p.1).
Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (COM(2000) 578, 20.9.2000).
Amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (COM(2002) 326, 18.6.2002).
A5- 0291/2001, 20.9.2001.
14581/01 (presse 444).
Proposal for a Directive on minimum standards for the reception of applicants for asylum in Member States (COM(2001) 181, 3.4.2001).
A5-112/02, 25.4.2002.

15

                                                                                                                                                                                                                                                           
Common asylum procedure

Commission
(in part)

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

Parliament 
September 200122

opinion 

in

First  Commission  progress  report  on  the  common  asylum
policy, introducing an open coordination method.21

The Commission, as stated
in its communication of
November 2001, wishes to
contribute to the
establishment, as requested
by the Laeken European
Council, of an information
exchange system on asylum,
migration and countries of
origin. In July 2002 it set up
an EU network for
practitioners of asylum
(EURASIL). The
Commission is planning to
present a second progress
report early in 2003.

In the second half of 2003
the Commission is
planning to present a
communication on the
examination of asylum
applications outside the
EU, on the establishment
of a single procedure for
examining applications for
protection in the Member
States and the
establishment of
resettlement schemes in
the EU.

20

21

22

Commission Communication to the Council and the European Parliament “Towards a common asylum procedure and a uniform status, valid throughout the Union, for persons granted asylum” (COM (2000) 755 final,
22.11.2000)
Commission Communication to the Council and the European Parliament on the common asylum policy, introducing an open coordination method (COM(2001) 710, 28.11.2001).
A5-304/2001, 3.10.2001.

16

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

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)

Commission  Communication 
previous point)

in  November  2000 

(see

Commission progress report (see previous point)

April 2004

Commission proposal for a Directive in September 200123.

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

Parliament 
October 200224

opinion 

in

in  progress 

Work 
Council.

in 

the

Seville 

The 
European
Council  asked  the  Council
to approve the Directive by
mid-2003.

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

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

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

As  soon  as
possible

Commission proposal for a Directive in May 200025.

Parliament  opinion  in  March
200126

Adopted  by  the  Council  in
July 200127

for

Deadline 
implementation:
31.12.2002

23

24

25

26

Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection (COM(2001) 510,
12.9.2001).
A5-0333/02, 21.10.2002.
Draft Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons
and bearing the consequences thereof (COM(2000) 303, 24.5.2000).
A5- 0077/2001, 13.3.2001.

17

                                                
Subsidiary 
protection (directive)

forms 

of

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

April 2004

Commission  proposal  for  a  Directive  in  September  200128
(see preceding objective).

Parliament 
October 200229

opinion 

in

Seville 

The 
European
Council  asked  the  Council
to approve the Directive by
mid-2003.

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

Jurisdiction

Timetable
for
adoption

State of play

Transposition

Proposals, 
Green Paper on which work is based

initiatives, 

communications,

in 
Progress 
appropriate, Parliament

the  Council  and, 

if

Adoption by the Council
and, if appropriate,
Parliament

Work planned

Setting  up  a  European
Refugee Fund (decision)

As  soon  as
possible

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

Commission proposal for a Council directive in
December 1999.30

Parliament opinion in April 200031

Decision  adopted  by 
the
Council in September 200032

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

Exercises  2000
and  2001  under
way.

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

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

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

27

28

29

30

31

32

OJ L 212, 7.8.2001.
Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection (COM(2001) 510,
12.9.2001).
A5-0333/02, 21.10.2002.
Proposal for a Council Decision on the European Refugee Fund (COM(1999) 686, 14.12.1999).
JO C 40, 7.2.2001.
OJ L 252, 6.10.2000.

18

                                                                                                                                                                                                                                                           
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 xenophobia33

Action needed

Jurisdiction

Timetable
for
adoption

of 

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

June-
December
2000

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

for 

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

State of play

Transposition

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

Commission  proposal  for  a  Council  directive  in  November
1999.34

Parliament  opinion  in  March
200035

Adopted  by  the  Council  in
June 2000.36

Commission  proposal  for  a  Council  directive  in  November
1999,37

 amended in October 2000.38

Parliament 
October 200039

opinion 

in

Adopted  by  the  Council  in
November 2000.40

Implementation
deadline:
19.07.2003.

Implementation
deadline:
2.02.2003.

33

34

35

36

37

38

39

40

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.
Commission proposal for a Council Directive on the implementation of the principle of equal treatment of all persons without distinction as to race or ethnic origin (COM(1999)566, 25.11.1999).
A5 0136/00, 18.5.2000.
OJ L 180, 19.7.2000, p. 22.
Proposal for a Council Directive establishing a general framework for equal treatment in employment and occupation (COM(1999)565, 25.11.1999).
Proposal for a Council Directive establishing a general framework for equal treatment in employment and occupation (COM(2000)652, 12.10.2000).
OJ C 178, 22.6.2001.
OJ L 303, 2.12.2000.

19

                                                
Programmes  drawing  upon
best 
and
practices 
experiences (decision)

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)44

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

Council 
Commission

/

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Commission  proposal  in  November  199941  for  a  Council
Decision  establishing  a  programme  to  support  the  Member
States’ efforts, amended in October 200042.

Parliament  opinion  October
2000.

the
Decision  adopted  by 
Council in November 200043

Programme
runs from
1.1.2000 to
31.12.2006

Official opening of the Centre on 7 April 2000. Fourth annual
report published in December 2002.

Commission proposal for a Framework Decision in November
2001.45

Parliament  opinion  in  July
200246

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

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

41

42

43

44

45

46

Proposal for a Council decision establishing a Community Action Programme to combat discrimination (2001-2006) (COM(1999)567, 25.11.1999).
Amended proposal for a Council decision establishing a Community Action Programme to combat discrimination (2000-2006) (COM(2000)649, 10.10.2000).
OJ L 303, 2.12.2000.
See also table on “Fight against certain forms of crime”.
Proposal for a Council Framework Decision on combating racism and xenophobia (COM(2001) 664, 28.11.2001).
A5-189/02, 24.5.2002.

20

                                                
regard 

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

/
Council 
Commission  /
Member
States

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

the  Commission  presented  a
In  November  2000 
communication on a Community immigration policy47 followed
in  July  2001  by  a  communication  on  an  open  method  of
coordination for the Community immigration policy48 covering
this aspect.

Parliament 
October 200149

opinion 

in

Parliament 
January 2003

opinion 

in

Adoption  by  the  Council
expected in June 2003.

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

from 

Commission  proposal  for  a  Council  directive  on  family
reunification  in  December  1999,50  amended  in  October
200051 and May 200252 in accordance with the conclusions of
the Laeken European Council.

Parliament 
in
September  200055  and  fresh
opinion expected in 2003.

opinion 

The  Commission  presented  a  proposal  for  a  directive  on
admission for employment in July 2001.53

The  Commission  presented  a  proposal  for  a  directive  on
admission for employment in July 2002.54

Parliament  opinion  expected
in January 2003

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

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

See below.

47

48

49

50

51

52

53

54

55

Communication from the Commission to the Council and the European Parliament on a Community immigration policy (COM(2000) 757, 22.11.2000).
Communication from the Commission to the Council and the European Parliament on an open method of coordination for the Community immigration policy (COM(2001) 387, 11.7.2001).
A5-305/2001, 3.10.2001.
Proposal for a Council Directive on the right to family reunification (COM(1999) 638, 1.12.1999).
Amended proposal for a Council Directive on the right to family reunification presented by the Commission under Article 250(2) of the EC Treaty (COM(2000) 624, 10.10.2000).
Amended proposal for a Council Directive on the right to family reunification (COM(2002) 225, 2.5.2002).
Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities (COM(2001) 386, 11.7.2001).
Proposal for a Council directive on the conditions of entry and residence of third-country nationals for the purpose of studies, vocational training or voluntary service (COM(2002)548, 7.10.2002).
A5-0201/2000, 6.9.2000.

21

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

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)

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Council conclusions adopted in November 2000

Commission proposal for a Directive in March 200156.

Following  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 nationality.57

Parliament 
February 200258

opinion 

in

Parliament opinion in
November 2002

Adoption by the Council
expected before June 2003.

Adoption by the Council in
December 2002.

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)

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

implementing  an  open
Commission  communication  on 
coordination policy on immigration in July 2001 (see above).59

Commission  proposal  for  a  directive  on 
resident status in March 2001.60

long-term

Parliament opinion
expected in January 2003

In  the  first  half  of  2003  the
Commission  is  planning  to
present  a  communication
on  the  integration  of  third-
country nationals.

See above

56

57

58

59

60

Proposal for a Council Directive concerning the status of third-country nationals who are long-term residents (COM(2001) 127, 13.3.2001).
Proposal for a Council Regulation extending the provisions of Regulation (EEC) N° 1408/71 to nationals of third countries who are not already covered by these provisions solely on the ground of their nationality
(COM(2002) 59, 6.2.2002).
A5- 0436/2001, 5.2.2002.
Communication from the Commission to the Council and the European Parliament on an open method of coordination for the Community immigration policy (COM(2001) 387, 11.7.2001).
Proposal for a Council Directive concerning the status of third-country nationals who are long-term residents (COM(2001) 127, 13.3.2001).

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 recalled the importance of incorporating policy on migratory flows in the Union’s external relations policy, of stepping up the
fight  against  illegal  immigration  by  combating  the  criminal  organisations  involved  while  guaranteeing  victims’  rights,  and  asked  for  a  plan  of
action  to  developed  on  the  basis  of  the  Commission’s  communication  on  illegal  immigration  and  trafficking  in  human  beings.  The  Seville
European Council confirmed this and asked for measures to respect a fair balance between (a) a policy of integration of legal immigrants
and an asylum policy complying with international conventions and chiefly the Geneva Convention of 1951 and (b) a resolute fight against
illegal  immigration  and  trafficking  in  human  beings.  The  council  has  also  requested  that  the  Commission  present  a  report  on  the
effectiveness of the financial resources available at community level as regards repatriation of immigrants and those with rejected asylum
claims, of management of external borders and asylum and migration projects in third countries.

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

Jurisdiction

Timetable
for
adoption

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

Commission,
in  cooperation
with  Member
States

State of play

Transposition

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

In January 2003 the
Commission is planning to
present a communication
to launch the
implementation of a plan of
action to develop and
improve Community
statistics and their analysis
as regards asylum and
international migration.

Setting  up  of  a  European
/
Migration  Observatory 
Network

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 July 2002

Action launched by
establishing national
contact points in
December 2002.

23

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

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)61

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

The  Commission 
tabled  a  proposal  for  a  Council
framework  decision  on  combating  trafficking  in  human
beings in December 2000.62

The  French  Presidency  presented  two  initiatives,  one  for  a
directive and one for a  framework decision,  on the liability  of
traffickers.63

Parliament  opinion  in  June
200164

Adopted  by  the  Council  in
July 200266

Parliament 
opinion
(rejection)  in  February
200165

Adoption 
expected in November 2002

Council

by 

Deadline 
for
implementation
: 1.8.2004

Entry 
force:

into

The  day  of  its
in
publication 
the 
Official
Journal

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

Commission communication on combating illegal immigration
in November 2001.67

Commission  proposal  for  a  directive  on  a  residence  permit
issued to victims of trafficking in human beings.68

Parliament 
December 2002

opinion 

in

Decision 
Eurojust  adopted  by 
Council in February 2002.69

establishing
the

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

by 

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

61

62

63

64

65

66

67

68

69

See also table on “Fight against certain forms of crime”.
Proposal for a Framework Decision on combating sexual exploitation of children and child pornography (COM(2000) 854, 21.12.2000).
Initiative of the French Republic with a view to the adoption of a Council Directive defining the facilitation of unauthorised entry, movement and residence and a Council Framework Decision on the strengthening of the
penal framework to prevent the facilitation of authorised entry and residence (OJ C 253, 4.9.2000).
OJ C 53E, 28.2.2002, p. 121.
A5- 0315/2001, 15.2.2001.
OJ L 203, 1.8.2002, p. 1.
Communication from the Commission to the Council and the European Parliament on a common policy on illegal immigration (COM(2001) 672, 15.11.2001).
The Commission presented in February 2002 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 (COM(2002)
71, 11.2.2002).
Plan to combat illegal immigration and trafficking in human beings in the European Union (JAI 30 rev1 – 6621/1/02).

24

                                                
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  of  a
Commission
proposal  or  a
Member  State
initiative

Initiative by the French Presidency in July 2000 for a Council
directive70.

Parliament opinion (rejection)
in March 200171

Adopted  by  the  Council  in
June 2001.72

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

In 2003 the Commission is
planning to present a
White Paper on
Reinforcement of the
provisions governing the
liability of carriers.

Implementation
deadline: no
later than
11.2.2003.

70

71

72

The Council held an exchange of views on outstanding issues as regards a draft Directive on the harmonisation of penalties imposed on carriers transporting into the territory of the Member States third-country nationals
lacking the documents necessary for their admission (OJ C 269, 20.9.2000).
A5- 0069/2001, 13.3.2001.
OJ L 187, 10.7.2001; Directive supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement.

25

                                                
Objective: To assist countries of origin and transit

State of play

Transposition

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

(cid:1) 

(cid:1) 

The Commission has committed the €10 million entered
in  the  2001  budget  and  the  €12.5  million  allocated  by
the budgetary authority in 2002.

The  Commission  has  adopted  a  Communication  on
integration  of  the  migration  policy  in  relations  between
the EU and third countries.

1. Migration and development

2. report on the effectiveness of the financial resources
available  at  community  level  as  regards  repatriation  of
immigrants  and  those  with  rejected  asylum  claims,  of
management  of  external  borders  and  asylum  and
migration projects in third countries.

In  2003  the  Commission  is
to 
planning 
a
present 
proposal 
for  a  decision
establishing  a  cooperation
third
programme  with 
regards
countries 
migration73.

as 

Action needed

Jurisdiction

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Timetable
for
adoption

April 2001

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

73

See also table on “Partnership with countries of origin”.

26

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

In  October  2002 
the  Commission  presented  draft
negotiating  mandates  for  readmission  agreements  with
Albania, Algeria, China and Turkey.

Negotiating 
mandates
adopted  by  the  Council  [in
November 2002]

Readmission 
agreements
signed with Hong Kong on 27
November  2002, 
initialled
with  Macao  on  30  May  and
on 18 October 2002 with Sri
Lanka.

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

Macao 

for 

Seville 

European
The 
Council  asked 
the
conclusion  of  readmission
agreements 
being
negotiated  to  be  speeded
up  and  for  new  negotiating
mandates to be approved.

In  December  2003 
the
Commission  is  planning  to
present  a  proposal  for  a
on  minimum
directive 
return
standards 
procedures.

for 

Implementation:
before 2.12.2002

Development  of  common
minimum 
on
repatriation

standards 

Council 
/
Commission  /
Member
States

Initiative by the French Presidency in July 2000 for a Council
directive74.

Parliament opinion (rejection)
in March 200177

Adopted  by  the  Council  in
May 2001.78

In  April  2002  the  Commission  presented75  a  Green  Paper,
and a communication adopted in October 2002 set out its
initial  thinking  on  a  programme  of  action  concerning
returns76

.

Council, 
adopted 

as
2002, 
In  November 
the  Seville
requested  by 
the
European 
Council 
a
repatriation  programme  on
the 
the
Commission  Green  Paper
and  a  programme  for  the
return  of 
to
Afghanistan.

refugees 

basis 

of 

74

75

76

77

78

Draft directive on the mutual recognition of expulsion orders (OJ C 243, 24.8.2000).
Commission communication on a Community return policy on illegal residents (COM(2002) 175, 10.4.2002).
Commission communication on a Community return policy on illegal residents (COM(2002) 564, 14.10.2002).
A5- 0065/2001, 13.3.2001.
OJ L 149, 2.6.2001.

27

                                                
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.

28

3.1

Better access to justice in Europe

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

Objective: To ensure legal certainty and equal access to justice

Action needed

Jurisdiction

Timetable
for
adoption

campaign 

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

Commission

State of play

Transposition

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

In  October  2002, 
to
improve 
users'
the
information, 
Commission organised
a  joint  Conference  with
of
the 
Council 
European 
public
information  and  access
to  justice.  comparable
information sheets  on
legal  aid  have  been
developed jointly with
of
Council 
the 
Europe, 
an
and 
information  campaign
has been launched for
2003. 
Practical
initiatives  to  improve
of
the 
familiarity 
judges 
the
general  public  with
the  European  Judicial
Network  in  civil  and
commercial  matters
have 
been
also 
launched.

and 

29

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

Commission  proposal  for  a  Council  decision  setting  up  a
network.79

Parliament  opinion  in  April
200182

Adopted  by  the  Council  at
the end of May 2001.85

Commission  proposal  for  a  Council  Regulation  establishing  a
general  framework  for  Community  activities,    80  amended  in
November 2001.81

EP  Opinions 
200183 
and 
200284

in  October
September

Regulation  adopted  by  the
Council in April 2002.86

.

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

with 

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

of 

Proposal  to  establish  minimum
standards of legal aid

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

April 2004

Following  presentation  of  its  Green  Paper  in  February  2000,87
the  Commission  organised  a  hearing  in  February  2001  and
presented  a  proposal  for  a  directive  on  legal  aid  in  January
2002.88

Parliament 
September 200289

opinion 

in

The  Network  has  been
in  operation  since
1.12.2002.  It  held  its
inaugural  meeting  on
4.12.2002.

79

80

81

82

83

84

85

86

87

88

89

Proposal for a Council Decision establishing a European Judicial Network in civil and commercial matters (COM(2000) 592, 22.9.2000).
Proposal for a Council regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters (COM(2001) 221, 25.5.2001).
Amended proposal for a Council regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters (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.
OJ L 115, 1.5.2002.
Commission Green paper – Legal aid in civil matters: the problems confronting the cross - border litigant (COM(2000) 51, 9.2.2000).
Proposal for a Directive to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid and other financial aspects of civil proceedings (COM(2002) 13, 18.1.2002).
A5-312/02, 25.9.2002.

30

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

civil 

for 

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

April 2004

Commission  proposal  in  April  2002  for  a  regulation  on
uncontested  claims.90  Preliminary  draft  discussed  with  the
Member States in October 2001.

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

the  Commission 

launched  a

(cid:1) 

(cid:1) 

The
is
Commission 
to
planning 
present 
in
December  2002,
a Green Paper to
together
bring 
more  exhaustive
rules 
and
procedures
relating 
uncontested
and
credits 
requests  of  low
importance

to

In 2003 the
Commission
intends to
present
legislative
proposal to
establish a
European
injunction-to-
pay procedure.

90

Proposal for a Council Regulation creating a European enforcement order for uncontested claims (COM(2002)159, 18.4.2002).

31

                                                
Proposal  to  establish  minimum
standards of quality for ADR

April 2004

Member  States
to  set  up 
the
extra-judicial
procedures

(cid:1) 

(cid:1) 

(cid:1) 

(cid:1) 

(cid:1) 

In  May  2000 
alternative dispute resolution.

the  Council  adopted  conclusions  on

European  Extra-Judicial  Network 
for
consumers  launched  by  the  Commission  in  October
2001.91

(EEJ  Net) 

The  Commission  has  launched  the  FIN-NET  for  the
extra-judicial  settlement  of  disputes 
field  of
financial services. There has been greater publicity for
FIN-NET  in  spring  2002,  with  among  other  things  a
brochure for the general public.

the 

in 

Commission Green Paper on minimum quality standards
presented in April 2002.92

Launch  by  the  Commission  in  July  2002  of  the  SOLVIT
network for the resolution of problems of poor application
of  the  internal  market  rules  by  national  administrations
93.94  The  March  2002  Internal  Market  Council  gave  a
favourable reception to this.95

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

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

April 2004

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

The  proposal  for a Regulation  on  uncontested  claims  and
the  proposal  for  a  Regulation  on  parental  responsibility
contain harmonised forms.

91 
92

93
94 
95

This network is based on the recommendations 98/257/CEE and 2001/310/CEE
Green Paper on alternative dispute resolution in civil and commercial law (COM(2002) 196, 19.4.2002).
Commission Communication - Effective Problem Solving in the Internal Market ("SOLVIT") (COM(2001)702, 27.11.2001).
OJ L331/39 of 15.12.2001
Doc. 6503/02, 1.3.2002.

32

(cid:1) 

(cid:1) 

(cid:1) 

In 2003 the
Commission will
organise a
public hearing
on the ADR
Green Paper.

A conference is
planned for April
2003 in order to
evaluate the pilot
phase of the EEJ-
Net.   Following
that the
Commission will
present a report
to the Council
and the
Parliament.

The number of
systems in FIN-
NET (currently
37) will be
increased where
possible.

for 

for 

form 

The legal aid directive
provides 
the
establishment of such
a 
legal
assistance
applications.  In  2003
the  Commission  will
launch  the  necessary
work.

The  proposal  for  a
European 
injunction
to  pay  procedure  to
be  presented  in  2003
will 
contain
harmonised forms.

                                                
Transposition

Implementation
deadline:
22.03.02,
22.03.04 or
22.03.06,
depending on
the Article.
The
Commission
will present a
report on
transposition in
the first half of
2003.

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

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

Drawing 
standards 
victims

up 
of  minimum
for  protection  of

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

2002

Commission Communication presented in July 1999.96

Initiative  by  the  Portuguese  Presidency  for  a  Framework
Decision on the status of victims.97

Parliament 
December 200098

opinion 

in

Decision
Framework 
adopted  by  the  Council  in
March 200199

instruments 

on
Further 
approximation  of  compensation
arrangements for victims

2004

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

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

decisions 

such 

into 

for  victims
Commission  Green  Paper  on  compensation 
presented  in  September  2001100  and  followed  by  a  public
hearing on 21 March 2002.
Commission  proposal  for  a  directive  on  compensation  in
October 2002.101

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.102

96

97

98

99

100

101

102

Commission Communication on Crime victims in the European Union (COM(1999) 349, 14.7.1999).
Draft framework decision on the status of the victim in criminal proceedings (OJ C 243, 24.8.2000).
A5- 0355/2001, 12.12.2000.
OJ L 82, 22.3.2001.
Green paper - Compensation to crime victims (COM(2001) 536, 28.9.2001).
Proposal for a directive - Compensation to crime victims (COM(2002) 562, 16.10.2002).
OJ L 12, 16.01.2001.

33

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

matters 

Included 
in 
recognition  programme 
criminal matters.

the  mutual
in

                                                
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 rights103

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transpositio
n

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

Council 
Commission

and

End 2000

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).

The  mutual  recognition  programme  was  adopted  by  the
Council in November 2000.104 It covers four areas:
for  the  first  area,  pilot  projects  are  being  launched  (see  3.1.4
above);

for the second area,
-  Commission  working  paper  in  March  2001105  on  Mutual
recognition of decisions on parental responsibility;

- Commission proposal in September 2001 for  a Regulation to
complement the Regulation matrimonial matters and in matters
of parental responsibility 106.

103

104

105

106

See also table on "Greater convergence in civil law".
OJ C 12, 15.1.2001.
Commission working document - Mutual recognition of decisions on parental responsibility (COM(2001) 166, 27.3.2001).
Proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility (COM(2001) 505, 30.8.2001).

34

                                                
-  Commission  proposal  in  October  2001  for  a  decision
authorising  the  Member  States  to  sign  the  Hague  Convention
of 1996.107
-  French  Initiative  in  July  2000  for  a  Regulation  on  rights  of
access to children.108
-Commission  proposal  in  May  2002109  to  merge  the  French
for  a  regulation  of
initiative, 
September 2001 and Regulation (EC) No 1347/2000 (Brussels
II ).

the  Commission  proposal 

for  a  Council
Commission  proposal 
Decision concerning the signature by the European Community
of  the  Council  of  Europe  convention  on  personal  relations
concerning children.

in  October  2002110 

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

Parliament 
December 2000111

opinion 

in

Parliament 
expected 
2002112

opinion
in  November

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

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

the 

fourth  area, 

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

the
In  December  2002, 
Commission 
to
intends 
present  a  Green  Paper  to
together  more
bring 
and
rules 
exhaustive 
procedures 
to
relating 
uncontested  credits  and
requests 
low
importance

of 

In 2003 the Commission is
planning 
to  present  a
proposal  for  a  regulation
to  establish  a  European
injunction-to-pay
procedure 
(see 
point 3.1.4).

above,

Launching  of  work  on 

the

on
Council, 
the  basis  of  a

This  action  has  been  included  in  the  programme  of  measures

107

108

109

110 
111
112 

Proposal for a Council Decision authorising the Member States to sign in the interest of the European Community the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of
Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) (COM(2001) 680, 20.11.2001).
French Initiative for a Council Regulation on the mutual enforcement of judgments on rights of access to children (OJ C 234 of 15.8.2000).
Proposal for a Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility repealing Regulation (EC) No 1347/2000 and
amending Regulation (EC) No 44/2001 in matters relating to maintenance (COM(2002)222, 3.5.2002).
COM(2002) 520, 02.10.2002
A5- 0311/2000, 17.11.2000.
A5- 0385/2002.

35

                                                                                                                                                                                                                                                           
European Enforcement Order

Commission
proposal  or  a
Member  State
initiative

to implement the principle of mutual recognition.

Commission  proposal  in  April  2002  for  a  regulation113  (see
above, point 3.1.4) to establish a European enforcement order.

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).

As regards criminal matters

Objective: To make sure criminals have no safe havens

Action needed

Jurisdiction

Timetable
for
adoption

State of play

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

Ratification  of 
1996  EU  Conventions 
extradition114115

the  1995  and
on

Member State

April 2001

.

Transposition

All the
Member State
s have ratified
the 1996
Convention
except I and
F.

All the
Member State
s have ratified
the 1996
Convention
except I and
F.

113

114

115

Proposal for a Council Regulation creating a European enforcement order for uncontested claims (COM(2002)159, 18.4.2002).
These two measures are included in the EU Plan of Action against terrorism (periodic review).
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 the  1996 Convention
relating  to  extradition  between  Member  States  of  the  EU  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 (OJ C 195, 11.7.2001).

36

                                                                                                                                                                                                                                                           
formal
Study  on  abolition  of 
extradition 
procedures
concerning  persons  fleeing  from
justice 
been
sentenced116

having 

after 

Providing 
extradition procedures

for 

fast-track

Examine  the  issue  of  extradition
in 
in
absentia

to  procedures 

relation 

End 2001

Commission  proposal  in  September  2001  for  a  Framework
Decision on the European arrest warrant.117

Adopted by the Council in
June 2002.119

Parliament 
February 2002118

opinion 

in

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

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

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

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

Progress  in  the  Council
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Work planned

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

Council 
Commission

/

End 2000

Commission Communication in July 2000.120

 Parliament  opinion  in  May
2001121

Joint  Council/Commission
programme 
in
November 2000

adopted 

Most of the top-priority
measures are indicated in
other scoreboard tables.
The programme's aim is to
record achievable progress
in making the reservations
and declarations concerning
the coercive measures

116

117

118

119

120

121

These two measures are included in the EU Plan of Action against terrorism (periodic review).
Commission proposal for a Council framework decision on the European arrest warrant and surrender procedures between Member States (OJ C 332 E, 27.11.2001).
A5- 0003/2002, 6.2.2002.
OJ L 190, 18.7.2002.
Commission Communication on Mutual recognition of Final Decisions in criminal matters (COM(2000) 495, 28.7.2000).
A5- 0145/2001, 17.5.2001.

37

Deadline for
implementati
on:
31.12.2003

Transpositio
n

                                                
contained in Article 5 of the
1959 European Convention
on Mutual Assistance in
Criminal Matters
non-invocable between
Member States and to
examine ways of
recognising decisions taken
in the interests of victims of
crime where they are
incorporated into sentencing
decisions

The Commission, by way of
complement to the mutual
recognition programme, is
planning to present, in the
first half of 2003, a Green
Paper on the procedural
guarantees enjoyed by
suspects and persons
rendered potentially liable in
criminal proceedings in the
EU and a communication on
criteria for determining
jurisdiction in criminal
matters.

At the end of 2003, the
Commission will also
present a communication on
the forfeiture of rights.

38

Application of mutual recognition
to pre-trial orders122

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

Initiative  by  F,  B  and  SU  in  February  2001123  for  a  Framework
Decision on the freezing of assets and evidence.

EP  Opinions  in  September
2001124 and June 2002125

Council 
principle in February 2002

agreement 

in

the
Formal  adoption  by 
Council  once  the  remaining
parliamentary 
reservations
have  been  lifted  (I,  DK,  S,
IRL, NL)126

the 

feasibility 

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

and 

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

April 2004

Initiative by F , S and UK for a Framework Decision on financial
penalties.127

German  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

Initiative  by  Denmark  in  June  2002  for  a  draft  framework
decision  on  the  enforcement  of  confiscation  orders  in  the
Union.128

Parliament 
January 2002129

opinion 

in

Agreement  by  the Council
expected 
in  November
2002

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

April 2004

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

122

123

124

125

126

127

128

129

This measure is included in the EU Plan of Action against terrorism.
Draft Council Framework Decision on the execution in the European Union of orders freezing assets or evidence (OJ C 75, 7.3.2001).
OJ C 77E, 28.3.2002, p. 91.
A5-0172/02, 16.5.2002.
Latest situation report, following Coreper on 15.5.2002.
Draft framework decision on the application of the principle of mutual recognition to financial penalties (OJ C 278, 2.10.2001).
Draft Council Framework Decision on the execution of confiscation orders in the European Union (OJ C 184, 2.8.2002).
A5- 0444/2001, 17.1.2002.

39

Incorporated  into  the  joint
programme  for  the  mutual
recognition  of  decisions  in
criminal 
(see
matters 
measures 6 and 7).

The  Commission  intends  to
present,  in  the  first  half  of
2003,  a  proposal 
for  a
framework  decision  on  the
of
mutual 
measures 
to
evidence.

recognition 
relating 

During the first half of 2003,
The  Commission  will  also
present  a  Green  Paper  on
mutual 
and
immediate  enforcement  of
non-custodial 
pre-trial
supervision measures,

recognition 

Included in the joint
programme for the mutual
recognition of decisions in
criminal matters (see also
measures 17, 18, 20 and
21)

Incorporated  into  the  joint
programme  for  the  mutual
recognition  of  decisions  in
criminal 
(see
matters 
measures 3 and 4).

                                                
In  the  first  half  of  2003  the
Commission  is  planing  to
present 
decision
a 
establishing a standard form
for  requesting  the  criminal
record.

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

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

legislation 

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

cases 

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

April 2004

Initiative  by  Germany  in  September  2000  on  the  taking  of
evidence.130 The issue of procedural law is partly included in the
mutual recognition programme.

In  April  2002  the  Commission  launched  a  preparatory  study  on
the improvement of the enforcement of judgments in the Member
States.131

Parliament opinion in  March
2001132

Adopted  by  the  Council  at
the end of May 2001.133

Deadline for
implementation:
1.7.2004 except

art.19-21 and
22:1.7.2001

130

131

132

133

OJ C 314, 3.11.2001.
OJ S 67, 5.4.2002.
15-0073, 14.3.2001.
OJ L 174, 27.6.2001.

40

                                                
General  study  to  identify  and
the
eliminate 
obstacles 
smooth 
civil
proceedings

to 
functioning  of 

Council 
prepare 
report

to
a

End 2001

Commission  communication  in  July  2001  on  European  contract
law,  with  a  view  to  launching  a  broad  debate  on  the  need  for,
possibilities  and  methods  of  harmonisation  in  certain  areas  of
substantive  private  law.134  The  replies,  to  be  collected  by  15
October  2001,  have  been  summarised  by  the  Commission  and
published on its website.135

Parliament  opinion  in  April
2001136

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

The Commission is planning
to  present  its  conclusions
on  the  current  action  in  the
form  of  a  communication,
which  will  also  cover  other
aspects.

Finalising  the  Brussels  and  the
Lugano Conventions137

April 2001

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

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 
the  ongoing
negotiations.

in  October  2001 

the  context  of 

in 

The  Council  adopted 
Regulation 
replacing 
Brussels  Convention 
December 2000.139

the
the
in

Entry  into  force:
1.3.2002

the 

launch 

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

Commission proposal in March 2002 for a recommendation for a
negotiating  brief  for  an  agreement  between  the  Community  and
the Lugano countries.138

from 

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

2002 
adopted 

the
In  October 
Council 
a
negotiating  brief  for  an
the
agreement  between 
Community 
the
Lugano States.

and 

134

135

136

137

138

139

Communication from the Commission to the Council and the European Parliament on contract law in the Community (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.
See also table on "Mutual recognition of judicial decisions".
Recommendation for a Council Decision authorising the Commission to  open  negotiations  for  a Convention  between  the  Community  and,  having  regard  to the  Protocol  on its position,  Denmark,  and  Iceland,  Norway,
Switzerland and Poland (SEC(2002) 298, 22.3.2002).
OJ L 12, 16.1.2001.

41

                                                
following
The  Commission, 
consultations  on  a  preliminary
draft Regulation, is planning to
for  a
submit  a  proposal 
Regulation 
law
on 
applicable  to  non-contractual
obligations in April 2003.

the 

2002 

In  December 
the
Commission  is  planning  to
present  a  paper    on  the
modernisation 
the
Convention  and  possibly  its
conversion 
a
Community instrument.

into 

of 

The Commission is planning
to  present  a White Paper  on
the law applicable to divorce
in 2003.

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

applicable 

law 

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

study 

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

on 

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

April 2001

launched  public  consultation  on  a
The  Commission 
preliminary  draft  proposal  for  a  Regulation  between  May
and September 2002.

The  Commission  will  organise  a  public  hearing  at  the
beginning of 2003

April 2001

The  Commission  organised  a  preparatory  meeting  of
national experts in April 2002.

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

Council 
Commission

/

April 2004

In  May  2000  the  Council  produced  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  will  be  available  in  the  third  quarter  of
2002.

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).

large-scale  preparatory
The  Commission  has  launched 
studies, the results  of  which  will  be  available  by  the  end  of
2002.

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

42

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.

43

Objective: To prevent crime through reduction of opportunities

Action needed

Jurisdiction

Timetable
for
adoption

State of play

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

Identification  and  development
of  common  priorities  -  political
guidelines  -  to  be  taken  into
account  when  preparing  new
legislation;  assessment  of  new
impact  on  crime
legislation's 
prevention.

Council 
/
Commission  /
Member
States

Prevention  of 
organised 
crime 
economic activities

infiltration  by
lawful

of 

Commission  communication 
in  November  2000  on  crime
prevention  in  the  European  Union  which  established  a  Forum
and  proposed  a  financial  programme  (Hippokrates)  in  the  crime
prevention field.140

the
Following  the  Council  Resolution  of  December  1998, 
Commission  and  Europol  presented  jointly,  in  March  2001,  a
report  on  a  European  strategy  on  the  prevention  of  organised
crime.141  The  next  report  will  also  take  prevention  aspects  into
account.

Adopted  by  the  Council  in
June 2001.143

Parliament  opinion  on  the
Hippokrates  programme  in
April 2001.142

The Forum on the
prevention of organised
crime met on
17-18 May 2001 (trafficking
in human beings, credit
cards, business crime,
trafficking in cultural goods),
on 24 et 30 October 2001
(trafficking in human beings,
role of the private sector in
prevention of economic and
financial crime, training for
police forces in prevention
of payment card fraud); in
2002 , workshops were
organised on
money-laundering
(1 October), crime
proofing (30 October),
trafficking in human
beings (15 November),
counterfeiting and piracy
(2 December) and
trafficking in cultural
goods (9 December).

Commission 

is
The 
planning 
to  present  a
follow-up  communication
in the second half of 2003.

Transposition

for

Deadline 
implementation:
31.12.2002

140

141

142

143

Proposal for a Council Decision establishing a programme of incentives and exchanges, training and cooperation for the prevention of crime (Hippokrates) (COM(2000) 786, 29.11.2000).
Joint report by the Commission and EUROPOL - Towards a European strategy for the prevention of organised crime (SEC(2001)433, 13.3.2001).
A5- 0094/2001, 5.4.2001.
OJ L 186, 7.7.2001.

44

                                                
Crime proofing

Commission 

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

in 

actions 

Integration  of  crime  prevention
and
aspects 
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

French  and  Swedish  joint  initiative  in  November  2002  for  a
Council decision establishing a crime prevention network.144

Parliament 
March 2001145

opinion 

in

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

financial 

instrument

Framework 
Decision
adopted  by  the  Council  at
end of May 2001146

Adoption  by  the  Council
in  June  2002  of  draft
conclusions  on  the  first
annual 
the
European 
crime
prevention network.

report  on 

Entry into
force:

28.5.2001

National 
representatives
met  in  June,  September
and  October  2001  and
April and September 2002.
The  network  met 
in
October  2001  and  in  April
and  October  2002.  The
is
first  annual 
about to be available.

report 

Reinforcement  of  cooperation
law
between 
judicial 
enforcement 
and
between  practitioners  in  police
in
and 
criminal matters

and 
authorities 

cooperation 

judicial 

Council/

Commission/

Member
States

Commission  proposal  for  a  Council  Decision  renewing  the
Title VI  programmes  that  are  expiring.  Implementation  of  AGIS
programme  2003-07  taking  over  from  the  former  Oisin,  Grotius,
Stop,  Falcone  and  Hippokrates  programmes  and  the  budget
heading to implement the drugs action plan 2000-04.147

Parliament 
April 2002

opinion 

in

Adopted  by  the  Council  in
July 2002148

144

145

146
147 
148

Draft Council Decision setting up a European crime prevention network (OJ C 362, 16.12.2000).
A5- 0070/2001, 14.3.2001.
OJ L 153, 8.6.2001.
COM(2001)646, 9.11.2001: Proposal for a Council Decision to establish a framework programme on the basis of Title IV of the Treaty on European Union-police and judicial cooperation in criminal matters.
OJ L 203, 1.8.2002.

45

                                                
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.

46

Objective: To coordinate and, where appropriate, centralise proceedings

Action needed

Jurisdiction

Timetable
for
adoption

State of play

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

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.149

Portuguese Presidency 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).152

13 

Adopted  by  the  Council
in June 2002.153

In  September  2001  Belgium,  France,  Spain  and  the  United
Kingdom presented  an initiative  on  a draft framework decision
on joint investigation teams.150

Parliament opinion in April
2001151

Transposition

Ratification by
Portugal

Deadline for
implementation:

1.1.2003

149

150

151

152

153

This measure is included in the EU Plan of Action against terrorism.
Draft Council Framework Decision on joint investigation teams (OJ C 295, 20.10.2001).
A5- 0369/2001, 13.11.2001.
OJ C 197, 12.7.2000.
OJ L 162, 20.6.2002.

47

                                                
Setting  up  a  unit  composed  of
national 
prosecutors,
magistrates  or  police  officers  of
equivalent 
-
EUROJUST.154

competence 

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

End 2001

Portugal,  France,  Sweden  and  Belgium,  and  Germany  have
presented an initiative with a view to the adoption of a Council
decision setting up a Provisional Judicial Cooperation Unit.155

in  May
EP  Opinions 
2001159  and  November
2001 (reconsultation).160

Portugal,  France,  Sweden  and  Belgium156and  Germany157
have  presented  initiatives  with  a  view  to  the  adoption  of  a
Council decision setting up Eurojust.

.

Commission communication in November 2000 concerning the
creation of Eurojust.158

in
Adoption  by  Council 
December  2000  of  a
decision 
create  a
to 
provisional  unit in  January
2001.161

establishing
Decision 
Eurojust  adopted  by  the
Council 
February
in 
2002.162

Approval  of  Eurodac
Rules  of  Procedure  and
appointment 
its
President by the Council
in June 2002

of 

The  moving  of  Eurojust
to the Hague

Provisional unit put in
place March 2001.

Implementation: no
later than 6.9.2003.

Implement 
where
appropriate,  further  develop  the
European judicial network.163

and, 

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

April 2001

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

154

155

156

157

158

159

160

161

162

163

This measure is included in the EU Plan of Action against terrorism.
Draft Decision setting up a Provisional Judicial Cooperation Unit (OJ C 243, 24.8.2000 p. 0021).
Draft Council Decision setting up Eurojust with a view to reinforcing the fight against serious organised crime (OJ C 243, 24.8.2000, p. 15).
Draft Council Decision setting up a Eurojust team (OJ C 206, 19.7.2000).
Communication from the Commission on the establishment of Eurojust (COM(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.

48

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

April 2004

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

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

The  Commission  intends
to present, in the first half
of  2003,  a  communication
on  determining  criteria  for
jurisdiction 
criminal
matters (see supra).

in 

Objective: To provide mutual assistance to the fullest extent possible

Action needed

Jurisdiction

Timetable
for adoption

State of progress

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.164

ratification 
of 

on 
in 

and
the
Mutual
Criminal

/

April 2001

Council 
Member
States

Initiative  by  France  for  the  adoption  of  a  Protocol  to  the
in  criminal  matters
Convention  on 
between 
the  European  Union
(concerning  the  exchange  of  information  on  bank  accounts
and transactions).165

the  Member  States  of 

judicial  assistance 

Convention  adopted  by  the
Council on 29 May 2000.166

Protocol  to  the  Convention
adopted  by  the  Council  in
October 2001.167

Explanatory 
report
adopted  by  the  Council  in
October 2002.

Transposition

Deadline for Member
States to initiate
ratification procedures:
before January 2001,
and July 2002 for the
Protocol.168

Convention ratified by
Portugal

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

164

165

166

167

168

This measure is included in the EU Plan of Action against terrorism.
Initiative of the French Republic with a view to adopting a Convention on improving mutual assistance in criminal matters, in particular in the area of combating organised crime, laundering of the proceeds from crime and
financial crime (OJ C 243, 24.8.2000, p.11).
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

on
Council, 
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.

Initiative by Belgium, France, Spain and the United Kingdom
in  September  2001  on  a  draft  framework  decision  on  joint
investigation teams.169

Initiative  by  Belgium,  Spain  and  France  concerning  a  draft
decision  of the  Council modifying  article  40,  paragraphs  1&
7  of  the  implementing  the  convention  of  the  Schengen
agreement of June 14, 1985 concerning the gradual removal
of common border checks

Parliament  Opinion 
2002

in  April

Adopted by the Council in
June 2002.

General  approach  agreed
by  the  Council  in  June
2002 
(reserves
D/DK/NL/S/UK)

Examine 
harmonised 
protection

the  possibilities 

rules 

on 

for
data

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

April 2001

Draft  Resolution  on  the  initiative  of  the  French  Presidency
(based on a Portuguese Presidency initiative  establishing  a
secretariat for the Data Protection Supervisory Bodies.170)

Decision  adopted  by 
the
Council in October 2000.172

Initiative  by  S  concerning 
transmission of personal data.171

the 

rules  governing 

the

Parliament 
November 2001.

opinion 

in

Adopted  by  the  Council  in
February 2002173

Council Decision authorising
the  Director  of  Europol  to
conduct  negotiations  with
third  States  and  bodies  not
the  European
related 
Union adopted in December
2001.174

to 

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

Implementation:
1.3.2002

Implementation:
7.12.2001

169

Draft Council Framework Decision on joint investigation teams (OJ C 295, 20.10.2001).

50

                                                
Establishment  of  the  European
Judicial Training Network

France has presented an initiative for  a Decision  setting  up
a European judicial training network.175

Parliament 
September 2002177

opinion 

in

Commission staff working document taking stock of the
situation.176

On  27.6.2002  COREPER
the
agreed  to  maintain 
its  present
in 
network 
form 
its
boost 
and 
support  facilities  without
creating a new network by
Council decision.

for 

the 

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

in 

Objective: To protect rights of victims and provide assistance

Action needed

Jurisdiction

Timetable
for
adoption

State of progress

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

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

April 2001

Portuguese Presidency initiative in August 2001 for adoption
of a framework Decision on the  status of victims in  criminal
proceedings.178

Parliament 
December 2000179

opinion 

in

Adopted  by  the  Council  in
March  2001 
(see  point
3.1).180

joint 

programme 

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

Transposition

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

170

171

172

173

174

175

176

177

178

179

180

Initiative of the Portuguese Republic with a view to the adoption of a Council Decision establishing a secretariat for the Joint Supervisory Data Protection Bodies set up by the Convention on the Establishment of a European
Police  Office  (Europol  Convention), the Convention  on the  Use  of  Information  Technology  for  Customs  Purposes  and the  Convention  implementing  the  Schengen  Agreement  on  the  gradual  abolition  of  checks  at  the
common borders (Schengen Convention) (OJ C 141, 19.5.2000).
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 (OJ C 163, 6.6.2001).
OJ L 271, 24.10.2000.
OJ C 76, 27.3.2002.
OJ C 358, 15.12.2001.
OJ C 18, 19.1.2001.
SEC(2002) 635, 3.5.2002: Commission staff working paper of the European Judicial Training Network – Stock-taking.
A5-0276/02, 24.9.2002.
Draft framework decision on the status of the victim in criminal proceedings (OJ C 243, 24.8.2000).
A5- 0355/2000, 12.12.2000.
OJ L 82, 22.3.2001.

51

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

Action needed

Jurisdiction

Timetable
for
adoption

State of progress

Transposition

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

Establishment  of  a  European
Police Chiefs' Task Force

2001

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

Establishment  of 
criminal 
intelligence 
among Member States

compatible
systems

Appropriate
decision 
Council
needed

by

181

182

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

52

Creation  in  October  2000  of
the  Police  Chiefs'  Task  Force.
In  April  2002,  the  TFCP  set
up  a  supervisory  committee
(past,  present  and  future
presidencies  of  Europol,
Council  and  Commission
SGs) to improve preparation
and 
of
meetings.181

follow-up 

Since 11 September 2001, the
heads  of  anti-terrorist  units  in
Member  States' 
intelligence
services  have  been  meeting
regularly.182

The Commission is planning
to  present  a  communication
in  the  second  half  of  2003
on  cooperation  between
law-enforcement 
and
security services in the EU.

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

2001

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

Portuguese Initiative for the provisional establishment of the
European Police College.183

Parliament  opinion 
2000184

in  April

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.

Adoption  by  the  Council  in
the
December  2000  of 
in
to  set  up, 
decision 
2001,185 
European
the 
Police  College,  CEPOL,
which  has  functioned  as  a
network  of  national  police
colleges  since  1  January
2001.

Ongoing  examination  of  the
in  which  Cepol  will
way 
function: Council agreement in
a
2002 
February 
on 
provisional 
the
location  of 
secretariat  (Copenhagen)  and
financing  of  Cepol.
on 
the 
director
Temporary 
designated.

Cepol  annual  report  for
2001  adopted  by  Council
in July 2002.

183

184

185

Portuguese Initiative for a Council Decision on the provisional establishment of the European Police College (OJ C 206, 19.7.2000).
A5- 0316/2000, 17.11.2000.
OJ L 336, 30.12.2000.

53

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

Action needed

Jurisdiction

Timetable
for
adoption

State of progress

Transposition

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

Progress in the Council and,
if appropriate, Parliament

Work planned

Adoption by
the Council
and, if
appropriate,
Parliament

the  CIS
Implementation  of 
(Customs 
Information  System)
Convention  of  26.7.1995186  and
the  Naples 
II  Convention  of
19.12.1997.187

Member State

Ongoing

In  November  2001,  Germany,  France  and  the  Belgian
Presidency  presented  a  proposal  for  a  Protocol  to  the  SID
Convention  concerning  a  Fichier  d'Identification  des
Dossiers d'Enquêtes Douanières (FIDE)188.

Parliament opinion expected
in January 2003

A guide for applying the
of 
provisions 
the
Naples 
II  Convention
will  be  prepared  at  the
start of 2003.

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

on 

agreement 

The 
the
provisional  entry  into  force  of
the  Convention  has  been
ratified  by  all 
the  Member
States except B, D and L.189 It
has  been  applied  among
those  Member  States  which
since
ratified 
have 
November 2000.

it 

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

it 

186

187
188 

189

OJ C 316, 27.11.1995, p. 34.
OJ C 24, 23.1.1998.
JOC 328, 23.11.2001:  Initiative of Germany, Belgium and France to adopt the Council Act drawing up the protocol modifying the convention on the use of data processing in the field of the customs with regard to the
creation of a database of the investigation files of the customs officials.
OJ C 316, 27.11.1995, p. 58.

54

                                                
instrument 

The  Commission  is  planning  to  present
an 
the
Convention  and  its  Protocols,  and  will
present  a  proposition  for  a  Council
decision  when  it  has  the  texts  in  all  the
official languages.

concluding 

To  strengthen  law  enforcement
cooperation against smuggling

In  the  second  half  of  2001,  Italy  submitted  a  working
paper for a Union strategy against smuggling.

Work currently under way.

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.

UN Convention on corruption.

Council 
/
Commission  /
Member
States

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

the

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.190

Danish  initiative  relating  to  a  third  common  position  project
concerning the negotiations within the United Nations for the
development of the convention of the United Nations against
corruption

190

Proposal for a Commission negotiating brief for a UN Convention against corruption (SEC(2002) 431, 23.4.2002).

55

Adoption  by  the  Council  in
September 2002.

 Second  and  third  common
positions  on  negotiations  in
the  United  Nations  for  a  UN
against
Convention 
by
corruption 
Council 
and
September 2002.

adopted 
June 

in 

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

Action needed

Jurisdiction

Timetable
for
adoption

State of progress

Transposition

the 
to 

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

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

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

Europol 
Council

/

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

Portuguese  initiative  in  July  2000to  amend  the  Europol
Convention.191

Parliament opinion in April
2000192

Adopted by the Council in
November 2000.193

Ratification:  F,  P,
ES, EL, S

is  exploring  with 

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

of 

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

States, 

Appropriate
decision 
Council
needed

by

April  2004,
without
delay 
certain
areas

for

First  step  -  adoption  by  the  Council  in  November  2000  of  a
recommendation  concerning  support  by  Europol  for  joint
investigative teams.194

Joint  initiative  by  Belgium  and  Spain  in  January  2002  to
amend  the  Europol  Convention  along  these  lines;  the
initiative includes a proposal to simply the procedures for
amending the Convention.195

Parliament 
[rejection] in May 2002

opinion

Adoption by the Council
in November 2002.

To  provide  Europol  with 
the
support  and  means  necessary

(cid:1) 

proposal for a decision  presented by  the Commission in
September  2002,  concerning  the  financing  of  certain

Parliament  Opinion 

in

Agreement by the Council
in  October  2002  on  the

191

192

193

194

195

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 European Police Office (Europol Convention) of a Protocol amending
Article 2 and the Annex to that Convention (OJ C 200, 13.7.2000).
A5- 0312/2000, 14.11.2000.
OJ C 358, 13.12.2000.
Council recommendation of 30 November 2000 to Member States in respect of Europol's assistance to joint investigative teams set up by the Member States (OJ C 357, 13.12.2000).
Initiative  of  the  Kingdom  of  Belgium  and  the  Kingdom  of  Spain  with  a  view  to  adopting  a  Council  Act  drawing  up  a  Protocol  amending  the  Convention  on  the  establishment  of  a  European  Police  Office  (Europol
Convention), the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office and the Protocol on
the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol (OJ 42, 15.2.2002).

56

                                                
for its work

activities  of  Europol  within  the  framework  of  the  fight
against terrorism196

December 2002

(cid:1) 

(cid:1) 

Initiative B, LUX and NL in June 2002 modifying the staff
regulations of Europol197

Danish  initiative  in  November  2002  modifying  the  staff
regulations of Europol.198

procedure  of  selection  of
of
the  management 
Europol.  Formal  adoption
expected 
in  December
2002

April 2004

Council on the
basis  of  an
initiative  by  a
Member State

the
Allow  Europol 
to  ask 
competent  authorities  of 
the
Member  States  to  conduct  and
co-ordinate their investigations in
specific  cases  and  to  develop
specific  expertise  which  may  be
out  at  the  disposal  of  M-S  to
assist 
investigating
in 
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 

Initiative by Belgium and Spain in January 2002 (see above).

See above.

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.199

The  initiative  by  Belgium  and  Spain  mentioned  above
includes  a  proposal  to  simplify  the  procedures  for
amending the Europol Convention.200

Initiative  by  Denmark  in  July  2002  for  many  amendments
to the Europol Convention (see point 4.4).201

Commission  Communication  in  February  2002  concerning
democratic control of Europol.202

Parliament 
November 2001203

opinion 

in

Adopted by the Council in
December 2001204

Deadline for
implementation:
1.1.2002.

Parliament 
[rejection] in May 2002

opinion

EP  Recommendation  in
May  2002  on  the  future
development  of  Europol
and its full integration in
the  EU 
institutional
system.

196 
197 
198 
199

200

201

202

203

204

COM(2002)439 - 31.7.2002: Proposal for a Council decision on the financing of certain activities implemented within the framework of the co-operation in the area of the fight against terrorism
OJ C 161- 5.07.2002: Initiative of Belgium, Luxembourg and the Netherlands for the adoption of an act of Council modifying the staff regulations at Europol.
OJ C 286- 22.11.2002: Initiative of Denmark concerning the adoption of an act of Council modifying the staff regulations of Europol.
Initiative of the Kingdom of Belgium and the Kingdom of Sweden with a view to adopting a Council decision extending Europol's mandate to deal with the serious forms of international crime listed in the Annex to the
Europol Convention (OJ C 176, 21.6.2001.)
OJ C 42, 15.2.2002.
Initiative of the Kingdom of Denmark with a view to adopting a Council Act drawing up, on the basis  of  Article  43(1)  of  the  Convention  on the  Establishment  of  a European  Police  Office  (Europol  Convention),  of  a
Protocol amending that Convention (OJ C 172 du 18.7.2002, p.15).
Communication from the Commission to the European Parliament and the Council - Democratic Control over Europol (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

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

To 
examine 
coherence  of 
approximation 
matters

the 

general
the  actions  of
criminal

in 

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

In  the  coming  months
the  Commission  plans
to 
a
present 
communication  on  the
approximation 
of
sanctions  in  criminal
law.

Criminalisation  of  trafficking  in
sexual
human  beings  and 
exploitation  of  children205  with
particular 
to  child
reference 
pornography on the Internet206

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

April 2001

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

the fight against trafficking in human beings; and

Parliament  opinion  in  June
2001.209

Adopted  by  the  Council  in
July 2002.210

the  fight  against  the  sexual  exploitation  of  children
and child pornography207.

Council 
principle in October 2002.

agreement 

in

In  the  context  of  detecting  and  breaking  up  the  criminal  gangs
involved  (see point 2.4), Commission  proposal  in  February  2002
for  a directive  on  a  on the  short-term  residence  permit  issued  to
victims of trafficking in human beings.208

Parliament  Opinion 
December 2002.

in

adoption 

Formal 
by
after
Council 
parliamentary  reservations
have  been  lifted  (S,  NL,
DK; IRL, P)

Deadline for
implementation:
1.8.2004

205

206

207

208

See also table on “Management of migration flows”.
See also table on "Mutual recognition of judicial decisions".
Proposal for a Framework Decision on combating sexual exploitation of children and child pornography (COM(2000) 854, 21.12.2000).
Proposal for a Council Directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who cooperate with the competent authorities (COM(2002) 71,
11.2.2002).

58

                                                
Common  definitions,  charges
and  penalties211  in  the  field  of
drug trafficking212

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

April 2001

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

Commission proposal for a Framework Decision in June 2001.213

Parliament  opinion  in  April
2002214

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

for 

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

Council

April 2001

Denmark  presented  an  initiative  for  a  framework  decision  in
January 2000.215

The Council agreed in September 2000 that it was appropriate to
draw up common legislation at European level. A significant body
of  Community 
the
in 
environment is already in force.

the  area  of  protecting 

legislation 

the 

Council  agree  in  principle
for  a
on 
Framework  Decision 
in
March 2002.

initiative 

Parliamentary reservations
in IRL, S and NL

Commission 
(conflict of legal basis).

reservation

Commission  proposal  for  a  directive  presented  in  March  2001,
which  might  be  complemented  by  a  Framework  Decision.216
Amended  proposal  presented  on  30  September  2002  in
response to EP opinion .217

Parliament  opinion  on  the
two 
in  April
2002.218

instruments 

209

210

211

212

213

214

215

216

217

218

A5- 0206/2001, 12.6.2001.
OJ L 203, 1.9.2002.p. 1
See also table on “cooperation against drugs”.
See also table on "Mutual recognition of judicial decisions".
Proposal for a framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking (COM(2001) 259, 23.5.2001).
A5-0460/02, 25.4.2002.
Initiative of the Kingdom of Denmark with a view to adopting a Council framework Decision on combating serious environmental crime (OJ C 39 du 11.2.2000).
Proposal for a Directive of the European Parliament and of the Council on the Protection of the Environment through Criminal Law (COM(2001) 139, 13.3.2001).
Amended proposal for a Directive of the European Parliament and of the Council on the Protection of the Environment through Criminal Law (COM(2002) 544).
A5-0080/02 and A5-0099/02, 8.4.2002.

59

                                                                                                                                                                                                                                                           
Proposal  on  common  charges
for hooliganism

Council on the
basis  of  an
initiative  by  a
Member State

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.219

Entry into force:
day following
publication

Parliament  opinion  in  April
2002220

Adoption  by  the  Council  in
April 2002.

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

(framework decision).

Council, 
on
the  basis  of  a
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  of  a
proposal 
by
the
Commission

April 2004

In  November  2001  the  Commission  presented  a  proposal  for  a
Council framework decision on racism and xenophobia.221

Parliament  opinion  in  July
2002222

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

April 2001

Commission  Communication  in  January  2001223  on  creating  a
safer information society.

Parliament 
September 2001.226

opinion 

Commission  Communication  and  proposal  for  a  Framework
Decision  presented  in  March  2002  on  safer  use  of  the
Internet.224

Parliament 
October 2002227

opinion 

Commission proposal in April 2002 for a Framework Decision on
attacks against information systems.225

in

in

In  June  2001  the  Council
adopted  a  recommendation
on  contact  points  to  combat
high
crime 
technology 
and
cybercrime.228

linked 

to 

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

219

220

221

222

223

224

225

226

227

228

Enfopol 103 – 26.9.2001.
A5-0047/02, 9.4.2002.
Communication - Proposal for a Council Framework Decision on combating racism and xenophobia (COM(2001) 664, 28.11.2001).
A5-0189/02, 24.5.2002.
Commission communication to the Council and the European Parliament on creating a safer information society by improving the security of information infrastructures and combating computer-related crime (COM(2000)
890, 26.1.2001).
Communication and proposal for a Framework Decision adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (COM(2002)152,
22.3.2002).
This measure is included in the EU Plan of Action against terrorism (COM(2002)173, 19.4.2002).
A5- 0284/2001, 6.9.2001.
A5-328/02, 2.10.2002.
OJ C 187, 25.6.2001.

60

                                                
Common  definitions,  charges
and  penalties  in  the  field  of
corruption

Council,  on
the basis of a
proposal  by
the
Commission

April 2001

Initiative  by  Denmark  for  a  Council  Framework  Decision  on
combating corruption in the private sector.229

Parliament 
November 2002

opinion

In  December  2002  the
Commission 
is
planning  to  present  a
communication  on  a
policy
European 
against corruption

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

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

Criminalisation  of  fraud  to  non-
cash means of payment

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

April 2001

Commission  proposal  for  a  Framework  Decision  in  September
1999.230

Parliament  opinion  in  July
2000231

Adopted  by  the  Council  in
May 2001.232

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

Common  definitions,  charges
and 
regards
penalties 
counterfeiting of the euro

as 

Council/

April 2001

Initiative  by  Germany  in  November  1999  for  a  Framework
Decision on criminal penalties.233

Commission/
Member
States.

Transposition

Implementation
deadline:
2.6.2003.

In the second half
of 
the
2003 
Commission  will
present  a  report
the
on 
transposition.

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

On  28.2.2002  the
Council adopted its
first  report  on  the

The  11  actions  in  the
Plan are in hand.

the
In  January  2003 
Commission  plans 
to
present  a  second  report
on  the  implementation
of 
framework
decision.

the 

Decision  adopted  by 
Council in May 2000236

the

Adoption  by  the  Council  in
June  2001  of  the  regulations
measures
the 
defining 
needed  to  protect  the  euro

229

230

231

232

233

OJ C 184, 2.8.2002.
Proposal for a Council framework Decision on combating fraud and counterfeiting of non-cash means of payment (OJ C 376E, 28.12.1999).
OJ C 121, 24.4.2001.
OJ L 149, 2.6.2001.
Initiative for the adoption of a Council Framework Decision on increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro OJ C 322, 10.11.1999).

61

                                                
Swedish  initiative  in  August  2001  for  a  framework  decision
amending the framework decision of May 2000.234

Parliament 
October 2001.

opinion

Criminalisation  of  fraud  in  public
tender

Council on the
basis  of  an
initiative  by  a
Member State

Parliament
and  Council
on the basis of
Commission
initiatives

Initiative by France in March 2001 for a  Framework Decision on
protection of the euro against counterfeiting.235

April 2001

Initiative  by  Germany 
Decision.240

in  March  1999 

for  a  Framework

Commission  proposal  in  May  2002  for  a  Directive  on  public
procurement  which,  among  other  things,  provides  for  excluding
tenderers  who  have  been  convicted  of  serious  offences
(corruption,  participation  in  a  criminal  organisation,  money
laundering  or 
financial
interests).241

the  Community's 

fraud  against 

in  May 

Political  agreement  by  the
Council 
2002;
Common  Council  Position
expected    at  the  end  of
December  2002  or  at  the
beginning of 2003.

Parliament 
opinion
(rejection) in June 2001.242

EP first reading in 2002.

from counterfeiting.237

The  Council  adopted 
the
second  Framework  Decision
in December 2001.238

the
Decision  adopted  by 
Council in September 2001239

framework
which
decision, 
was 
first
the 
evaluation exercise
on  an 
instrument
enacted under Title
VI  of 
the  Union
Treaty.

Deadline 
for
transposal  of  2nd
Framework
Decision 
31.12.2002

Reinforcing  the  legal  framework
the
the  protection  of 
for 
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.

Commission  proposal  in  May  2001  for  an  EP  and  Council

The  Commission  is  planing
to 
follow-up
contribution by early 2003

submit 

a 

234

235

236

237

238

239

240

241

242

Initiative for the adoption of a Council Framework Decision amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the
introduction of the euro (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.
Initiative of the Federal Republic of Germany with a view to the adoption of a Council Framework Decision on criminal law protection against fraudulent or other unfair anti-competitive conduct in relation to the award of
public contracts in the common market (OJ C 253, 4.9.2000).
Proposal for a Directive of the European Parliament and of the Council on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts (COM (2000) 275 and
276 final, 10.05.2000).
A5-0184/02, 24.5.2002.

62

                                                                                                                                                                                                                                                           
directive,243,  amended  in  October  2002  in  response  to  EP
opinion.244  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.245  The  Laeken  European  Council
asked that it be examined very quickly.

Common  definitions,  charges
and penalties for offences linked
with terrorism247248

Council,  on  a
Commission
proposal

Commission  proposal 
for  a  Council
framework  decision  on  terrorism249  (see  also  the  proposal  for  a
Council framework decision on the European arrest warrant and
the surrender procedures between the Member States.

in  September  2001 

Parliament  opinion  in  April
2001246

initiative
Parliament  own 
resolution 
in  September
2001  on  the  role  of  the
Union  in  the  fight  against
terrorism250

EP  Opinions  in  November
2001  and  February  2002
(reconsultation).251

Adopted  by  the  Council  in
June 2002.

for

Deadline 
transposal
31.12.02

The
Commission
will  present  a
report 
on
transposal  at
the  end  of
2003.

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

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

243

244

245

246

247

248

249

250

251

OJ C 240E, 28.8.2001.
 Amended proposal for a Directive of the European Parliament and of the Council on the criminal-law protection of the Community's financial interests (COM (2002) 577 final).
Green Paper on the criminal law protection of the financial interests of the Community and the establishment of a European Public Prosecutor (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.
Communication - Proposal for a Council Framework Decision on racism (Article 34(2) of the Union Treaty)  (COM(2001) 521, 19.9.2001).
A5- 0273/2001, 5.9.2001.
A5- 0003/2002, 6.2.2002.

63

                                                                                                                                                                                                                                                           
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

Jurisdiction

Timetable
for
adoption

Convention 
decision  on 
money laundering.252

framework
or 
financial  crime,

on
Council, 
the basis of an
initiative 
by
France

State of play

Transposition

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

Initiative  by  France  in  August  2000  for  a  Council  Framework
Decision.253

EP  opinion  in  November
2000.256

Adopted  by  the  Council  in
June 2001.258

Initiative  by  France  for  a  proposal  for  a  Convention  or  a
Protocol  to  the  Convention  on  mutual  judicial  assistance
in  criminal  matters  dealing  specifically  with  financial
crime.254

EP  opinion  in  November
2001257

Danish  initiative  in  August  2002  for  a  Council  Framework
Decision on confiscation.255

EP  opinion  in  November
2002.

by 

the 

joint
Adoption 
in
ECOFIN/JAI  Council 
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-

In 2003 the Commission is
planning 
to  present  a
communication  evaluating
third-pillar  action  against
financial crime.

Implementation
deadline:
31.12.02.

In  the  second
half  of  2003  the
Commission
will  present  a
report 
on
transposition.

252

253

254

255

256

257

258

This measure is included in the EU Plan of Action against terrorism.
Initiative of the French Republic with a view to adopting a Council Framework Decision on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime
(OJ C 243, 24.8.2000).
Initiative of the French Republic with a view to adopting a Convention on improving mutual assistance in criminal matters, in particular in the area of combating organised crime, laundering of the proceeds from crime and
financial crime (OJ C 243, 24.8.2000).
Initiative for a Council Framework Decision on Confiscation of Crime-related Proceeds, Instrumentalities and Property (OJ C 184, 2.8.2002, p.3).
PE.297.757.
PE.297.761.
OJ L 182, 5.7.2001.

64

                                                
laundering 
crime (cf. point 4.2).259

and 

financial

Concrete  steps  to  trace,  freeze,
the
and 
seize 
proceeds of crime260

confiscate 

France, Belgium and Sweden presented, in February 2001, an
initiative on the freezing of assets and evidence.261

Initiative  by  Denmark  in  June  2002  for  a  draft  framework
decision on the enforcement of confiscation orders.262

EP  Opinions  in  September
2001 and June 2002263

Agreed  in  principle  by  the
Council in February 2002

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

Parliament 
November 2002

Opinion 

in

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

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

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

Transposition

the

All 
Member States
have  ratified  the
Strasbourg
Convention.

19 

the 

(See  also 
measure 
programme  on 
recognition 
convictions)

of 

the 

first  part  of
joint
the  mutual
criminal

of 

259

260

261

262

263

OJ C 326, 21.11.2001.
This measure is included in the EU Plan of Action against terrorism.
Initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium for the adoption by the Council of a Framework Decision on the execution in the European Union of orders
freezing assets or evidence (OJ C 75, 7.3.2001).
Draft Council Framework Decision on the execution of confiscation orders in the European Union (OJ C 184, 2.8.2002, p. 8).
A5-0172/02, 16.5.2002.

65

                                                                                                                                                                                                                                                           
the  draft  directive
To  adopt 
amending the Money Laundering
Directive264

Council 
Parliament

and

As  soon  as
possible

Parliament  opinion  in  April
2001.

Adoption by  the  Council  and
Parliament 
in  December
2001.265

Implementation
deadline:
15.6.03.

rapid 

exchange 

More 
of
information  between  the  existing
units
intelligence 
financial 
(FIUs), 
judicial
entitling 
authorities  and  FIU  to  receive
of
information 
secrecy provisions.266

regardless 

Community rules must  be drawn
up  to  prevent  use  of  non-EU
companies  and  organisations  to
launder the proceeds of crime.268

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

Council, 
on
the basis of an
initiative 
by
Finland

Council/

Commission/

Member
States

Commission/

Council/

Member
States

Commission

Initiative  by  Finland  for  a  Decision  on  cooperation  between
financial  intelligence  units  in  the  Member  States  for  the
exchange of information.

the  Member  States 

Conclusions  of  the  joint  Ecofin/JAI  Council  in  October  2001
the  existing
asking 
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

to  strengthen 

Conclusions  adopted  by  the  Joint  Council  (Economic  and
Financial  Affairs,  Justice  and  Home  Affairs)  in  October  2000
called on the Commission to produce a report269.

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

Commission
to 

initiate

December
2003

Decision  adopted  by 
Council in October 2000267

the

Entry  into  force:
17.10.2000

.

Work on FIU-NET continues.

The Commission is willing to
contribute to financing it.

The Commission is exploring
possibilities 
priority
measures.

for 

joint 

Conclusions  adopted  by
JAI/ECOFIN
the 
Council  in  October  2001
called  on  the  Commission
and  the  Member  States  to
determine  priorities  and
measures to be taken.

The  Commission  plans  to
report
a 
present 
imminently.

In  the  second  half  of  2003
the 
is
Commission 
planning  a  proposal  for  a

264

265

266

267

268
269 

This measure is included in the EU Plan of Action against terrorism.
Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering -
Commission Declaration (OJ L 344, 28.12.2001).
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.
Working document of the Commission’s services: The transparency of legal entities and measures intended to increase transparency in the financial and bank fields in the framework of the fight against money laundering
SEC (2001)1645 of 16.10.2001

66

                                                
framework  decision 
to
combat  money  laundering
through payments in cash.

Ratification: 
P, ES, GR, S

F,

houses

study

the 

Ensure 
financial 
electronic means

transparency  of
by

transactions 

Council 
Commission

/

December
2001

Portuguese  initiative  in  July  2000  for  amendment  to  the
Europol Convention (see above).271

Parliament 
November 2000.

opinion 

in

Danish  initiative  in  July  2002  for  amendment  to  the  Europol
Convention (see point 4.2).272

the 
to 

competence  of
Extend 
Europol 
cover  money
laundering in general, regardless
of  the  offence  from  which  the
proceeds originate270

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

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.

Protocol  adopted  by 
Council 
2000.273

the
November

in 

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

the 
Council 

joint
Conclusions  of 
JHA/Ecofin 
in
October  2001  in  accordance
with  the  conclusions  of  the
European
extraordinary 
21
on 
Council 
September  2001  on 
the
immediate  and  concomitant
implementation 
the
countermeasures decided by
the FATF.274

held 

of 

270

271

272

273

274

See also table on “Stepping up cooperation in the fight against crime”.
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 European Police Office (Europol Convention) of a Protocol amending
Article 2 and the Annex to that Convention (OJ C 200, 13.7.2000).
Initiative of the Kingdom of Denmark with a view to adopting a Council Act drawing up, on the basis  of  Article  43(1)  of  the  Convention  on the  Establishment  of  a European  Police  Office  (Europol  Convention),  of  a
Protocol amending that Convention (OJ C 172 du 18.7.2002, p.15).
OJ C 358, 13.12.2000.
This measure is included in the EU Plan of Action against terrorism.

67

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

December
2001

Examine possibilities:

Commission

July 2001

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

it  easier 

In  line  with  the  Joint  Council  (JHA/Ecofin)  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.

Commission  report  and  proposal  for  a  Council  regulation  in
June 2002.275

Joint 

Council
The 
(JHA/Ecofin) 
adopted
conclusions in  October  2000
envisaging  that  agreements
could  be  concluded  in  the
long term.

275

Report on controls on cross-border cash movements and proposal for a Regulation on the prevention of money laundering by means of customs co-operation (COM(2002)328, 25.6.2002).

68

                                                
5.

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

Objective: to develop a common visa policy

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

are 

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

Commission  /
Council

April 2001

 Commission  proposal  for  a  Council  regulation  in  January
2000.276

Parliament  opinion  in  July
2000.

Adopted  by  the  Council  in
March 2001.280

into 

Entry 
10/4/2001.

force:

In accordance with Article 8 of the Regulation, the Commission
presented a report on Romania.

Commission proposal In October 2001 for a Council regulation
amending Regulation No 539/2001.277

New  proposal  by 
modifying regulation No. 549/2001278

the  Commission 

in  November  2002,

Parliament 
November 2001279

opinion 

in

Adopted  by  the  Council  in
December 2001.281

into 

Entry 
1.1.2002

force:

Procedure  and  conditions 
issuing visas by Member States

for

April 2003

Commission  /
Council 
/
Member
States

Initiative  by  Finland 
implementing the common consular instruction.282

in  June  2000  on  measures 

for

Parliament 
(rejection) in March 2001283

opinion

Regulation  No  789/2001
adopted  by  the  Council  in
April 2001.284

In  2003  the  Commission
is  planing  to  present  a
proposal for a regulation
amending  the  common

into 

Entry 
24.4.2001

force:

276

277

278 

279

280

281

282

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 (JO C 177, 27.6.2000, p.66).
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 (COM(2001) 570, 8.10.2001).
COM(2002)679, 28.11.2002: Proposal for a Council Regulation amending regulation No. 539/2001 listing the third countries whose nationals must be in the possession of visas when crossing external borders and those
whose nationals are exempt from that requirement.
C5-0505/2001, 29.11. 2001.
OJ L 81, 21.3.2001.
OJ L 327, 12.12.2001.
Initiative  of  the  Republic  of  Finland  with  a  view  to  the  adoption  of  a  Regulation  reserving  to  the  Council  implementing  powers  with  regard  to  certain  detailed  provisions  and  practical  procedures  for  examining  visa
applications (OJ C 164, 14.6.2000).

69

                                                
French  initiative  for  a  Council  decision  on  the  visa  conditions
applied by the Member States.

Belgian  initiative  relating  to  the  amendment  of  Part  VII  and
Annex 12 to the common consular instruction (visa rights).

Belgian  initiative  relating  to  the  amendment  of  Part  III  and
Annex  16  to  the  common  consular  instruction  (uniform  visa
application form).

consular instructions.

Decision  adopted  by 
Council in April 2001.285

the

Decision 
2002/44/EC
adopted  by  the  Council  in
December 2001.286

Decision  adopted  by 
Council in April 2002.

the

Implementation:
27.4.2001

Implementation:  no
later 
from
than 
1.7.2004.

Rules on a uniform visa

April 2001

Commission  /
Council 
/
Member
States

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

term

Short 
measures
2000-2002  -
long 
term
measures
2004

Commission/

Council

Commission proposal in October 2001 for a Council regulation
amending Regulation No 1683/95.287

Parliament 
December 2001.288

opinion 

in

Regulation  No 
adopted by the Council.289

1683/95

format 
for 
Uniform 
affixing 
the  visa 
documents  which 

forms 
to 
are 

for
travel
not

Commission  /
Council 
/
Member

2001

Commission proposal for a Regulation in March 2001290.

Parliament 
December 2001291

opinion 

in

Regulation 
333/2002  adopted  by 

(EC) 

No
the

into 

Entry 
24.2.2002

force:

Adoption 
specifications
required 
for 
application
3.6.2002

of

its

Entry into force

283

284

285

286

287

288

289

290

291

A5- 0066/2001, 13.3.2001.
Council  Regulation  (EC)  No  789/2001  of  24  April  2001  reserving  to  the  Council  implementing  powers  with  regard  to  certain  detailed  provisions  and  practical  procedures  for  examining  visa  applications  (OJ  L  116,
26.4.2001).
Council Decision of 24 April 2001 updating part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p.32).
Council Decision of 20 December 2001 amending Part VII and Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual (OJ L 20, 23.1.2002).
Proposal for a Council Regulation amending Regulation (EC) No 1683/95 laying down a uniform format for visas (COM(2001) 577, 9.10.2001).
A5-0445, 12.12.2001.
OJ L 53, 23.2.2002.
Proposal for a Council regulation laying down a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents which are not recognised by the Member State drawing up the
form (COM(2001) 157, 23.3.2001).
A5-0445, 12.12.2001.

70

                                                                                                                                                                                                                                                           
recognised

States

Council in February 2002.292

Proposal  for  a  regulation  on  an
airport transit visa

April 2001

Commission  /
Council 
/
Member
States

Measures  to  set  up  a  common
system for identifying visas293

Council 
Member
States

/

Short-term
action

Feasibility  study 
September 2002.

launched  by 

the  Commission 

in

term

Long 
measures
2005-2006

23.2.2002

Adoption 
specifications
required 
for 
application
12.8.2002

of

its

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

The  be  seen  in  the  light
of 
the
the  results  of 
study  (study  ending  in
March/April 2003).

In  the  first  half  of  2003
the 
is
Commission 
planning  to  present  a
proposal for a regulation
on  the  development  of
visa
the 
common 
information 
system
(VIS).

Closer  cooperation  between  EU
consulates in third countries

Member
States

Ongoing

See  point  VIII  of 
Recommendation of 4 March 1996.

the  common  consular  instruction  and

Initiatives  by  Belgium  and  Spain,  in  April  2002,  for  a  draft
Council  decision  concerning  the adaptation  of  part  8  of  the
common consular instruction.

Laeken 

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

Measures  on  the  freedom  to
territory  of
travel  within 

the 

Commission  /
/
Council 

April 2001

Portuguese  Presidency  initiative  in  June  2000  on  travel  by
nationals exempt from the visa requirement.294

Parliament 
(rejection) in March 2001297

opinion

292

293

294

295

OJ L 53, 23.2.2002.
This measure is included in the EU Plan of Action against terrorism.
Initiative of the Portuguese Republic with a view to adopting the Council Regulation on the period during which third-country nationals exempt from visa requirements are free to travel within the territory of the Member
States (OJ C 164, 14.6.2000).

Initiative of the French Republic with a view to adopting a Council Regulation on freedom of movement with a long-stay visa (OJ C 200, 13.7.2000).

71

                                                                                                                                                                                                                                                           
Member States

Member
States

French  Presidency  initiative  in  July  2000  on  travel  on  a  long-
stay visa.295

Parliament 
(rejection) 
2001298

opinion
January

in 

Entry  into  force:
7.6.2001

The  Commission  presented  a  proposal  for  a  directive  on
conditions for movement in the Member States in July 2001.296

Parliament 
February 2002

opinion 

in

Adopted  by  the  Council  at
the end of May 2001.299

296

297

298

299

Proposal for a Council Directive relating to the conditions in which third-country nationals shall have the freedom to travel in the territory of the Member States for periods not exceeding three months, introducing a specific
travel authorisation and determining the conditions of entry and movement for periods not exceeding six months (COM(2001) 388, 10.7.2001).
A5- 0075/2001, 13.3.2001.
A5-0388/00, 18.1.2001.
OJ L 150, 6.6.2001.

72

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

Action needed

Jurisdiction

Timetable
for
adoption

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

Commission  /
Council 
/
Member
States

April 2001

State of play

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

Commission proposal in March 2001 on the communitisation of
the  uniform  format  for  residence  permits  granted  to  third-
country nationals.300

Parliament 
December 2001

opinion 

in

Adopted  by  the  Council  in
June 2002.301

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

training 

Commission  /
Council 
/
Member
States

Ongoing

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

Council  adopted  in  March
2000  a  decision  to  improve
exchange of information.302

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

by 

Transposition

 Entry 
into
force: 14.6.2002

of

Adoption 
specifications
required  for  its
application
14.8.2002

Entry  into  force:
1.7.2000

300

301

302

Proposal for a Council regulation laying down a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents which are not recognised by the Member State drawing up the
form (COM(2001) 157, 23.3.2001).
OJ L 157/1, 15.6.2002.
OJ L 81, 1.4.2000.

73

                                                
Objective: Control at the external borders of the Union

Action needed

Jurisdiction

Close  cooperation  between  the
Member  States  border  control
services,  such  as  exchange
programmes  and 
technology
transfer303

Commission  /
Council 
/
Member
States

Timetable
for
adoption

 May 2002

State of play

Transposition

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

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. Italy presented the conclusions
of  the  feasibility  study  on  the  development  of  joint  actions  co-
financed  by  Odysseus/ARGO.  a  study  on  border  police  and
security  was  cofinanced  by  OISIN,  and  Commission
Communication in May 2002304 on external borders.

for 

In  June  2002  the  Council
the
adopted  a  plan 
the
management 
the
external  borders  of 
Member  States  of 
the
European Union.

of 

The  Seville  European
Council  asked  that  by  the
end  of  2002  there  should
be 
joint  operations  at
external  borders,  pilot
projects  and  a  network  of
liaison 
immigration
officers. It also asked  that
by the end  of  June 2003 a
common 
risk-analysis
model  and  a  common
scheme 
training
for 
border  guards  be  worked
out,  that  European  rules
on 
be
borders 
consolidated  and  that  a
study  be  carried  out  by
the 
on
Commission 
burden-sharing  between
Member States and the EU
as 
the
regards 
management  of  eternal
borders.

June 

the
2003 
In 
Commission 
is  planning
to present a proposal for a
regulation 
laying  down
common  rules  on  small-
scale frontier traffic.

303

304

This measure is included in the EU Plan of Action against terrorism (periodic review).
Commission communication to the Council and the European Parliament - Towards integrated management of the external borders of the Member States of the European Union (COM (2002) 233, 7.5.2002).

74

                                                
Procedure  for  adopting  certain
measures 
the
Common Manual

implementing 

Commission  /
Council 
/
Member
States

Portuguese initiative in March 2001 on measures implementing
the provisions in the Common Manual.305

Parliament 
(rejection) in March 2001308

opinion

Adopted  by  the  Council  in
April 2001.309

Initiative  by  Sweden  in  March  2001  for  updating  the
Common Manual.306

Initiative  by  Belgium  in  December  2001  for  the  updating  the
Common Manual307

Initiative by Belgium and Sweden in April 2002 for the revision
of the Common Manual.

Adoption  by  the  Council  in
November  2000 
the
decision  to  downgrade  parts
of the Common Manual.310

of 

updating 

Decision 
the
Common  Manual  adopted  by
the Council in April 2001.311

Decision  declassifying 
the
Common  Manual  adopted  by
the 
April
2002.312and on the revision of
the Common Manual313 314

Council 

in 

Entry  into  force:
24.4.2001

the 

Seville
Following 
the
European  Council, 
Commission 
is  planning
in  the  first  half  of  2003  to
present  a  proposal  for  a
regulation 
restructuring
the Common Manual.

Entry  into  force:
1.12.2000

Implementation:
27.4.2001

Rapid  inclusion  of  the  applicant
States in this cooperation

Commission/
Council 
Member
States

/

Ongoing

These 
were
issues 
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.

305

306
307 
308

309

310

311

312
313 
314 
315 
316 
29.6.2001, p. 12).

OJ C 73, 6.3.2001.
Swedish initiative for a Council decision updating part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual.
Belgian initiative for the updating of part III and the creation of an annex 16 of the Common Consular Instructions
A5- 0066/2001, 13.2.2001.
OJ L 116, 26.4.2001, p. 5; Regulation on implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance.
OJ L 303, 1.12.2000, p. 29.
OJ L 116, 26.4.2001, p. 32; Council Decision updating part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual.
Council Decision declassifying Part II of the Common Manual (JO L 123, 9.5.2002, p.49).
OJ L 123, 09.05.2001 p.47: Council Decision updating  part I of the Common Manual
OJ L 123, 09.05.2001.p.50: Belgian Initiative for the adoption of a Council Decision updating part III and the creation of an annex 16 of the Common Consular Instructions.
This measure is included in the EU Plan of Action against terrorism (periodic review).
Initiative of the Kingdom of Belgium and of the Kingdom of Sweden with a view to the adoption of a Council Regulation on the development of the second generation Schengen information system (SIS II) (OJ C 183,

75

                                                
Objective: To convert and develop the Schengen acquis

Action needed

Jurisdiction

Timetable
for
adoption

Communitisation  of  Article  2  of
the Schengen Convention315.

Development of SIS II

2001

2001

Commission  /
Council 
/
Member
States

Commission  /
Council 
/
Member
States

State of play

Transposition

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

Initiative  by  Belgium  and  Sweden  for  the  development  of  SIS
II316

the
Commission  communication 
development  of  the  Schengen  II  information  system  to  take
account  of  the  prospect  of  enlargement  and  of  technical
progress317

in  December  2001  on 

Spanish Initiatives relating to specific new functions of the SIS,
in particular in the framework of the fight against terrorism.318

Discussion  of  new  functions
in  SIS  II  are  in  progress.
Political  agreement  on  the
Spanish  initiatives  expected
in December 2002.

EP  Opinion  on  the  Spanish
Initiatives 
in
December 2002.

expected 

The  Commission  intends
to  present  a  proposal  in
2003.

Regulation  and  Decision
adopted  by  the  Council  in
December 2001.319

The  feasibility  study  for  the
future  system  was  launched
by  the  Commission  in  July
2002 and is ongoing.

for

Deadline 
implementation:
14.12.2001.

Expiry 
31.12.2006

date:

In 
the
December, 
Commission  is  planning  to
present  a  first  report  on  the
state 
the
in 
development of SIS II.

play 

of 

317
318 
319

COM(2001)720 18.12.2001: Commission Communication to the Parliament and the Council on the development of the Schegen Information System II.
JOC 160, 4.7.2001: Spanish Initiative with a view to the adoption of a Council Regulation on the allocation of specific new functions to the SIS, in particular in the framework of the fight against terrorism.
OJ L 328, 13.12.2001.

76

                                                
6.

CITIZENSHIP OF THE UNION

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

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

Commission proposal for a Council directive in May 2001.320

Council/ EP

Parliament 
opinion
expected in February 2003

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  in
2003.

320

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 States (COM(2001) 257, 23.5.2001).

77

                                                
Objective: Information on exercise of rights attached to Union citizenship

Action needed

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

Communication  on 
elections to EP

results  of

Commission

2000

Commission Communication presented in December 2000.321

First 
elections

report 

on  municipal

Commission

2001

Commission report presented in May 2002.322

Third report on the citizenship of
the Union

Commission

By  the  end
of 2000

Third  report  prepared  by  the  Commission  in  September
2001.323

Parliament 
September 2002.324

opinion 

in

321

322

323

324

COM(2000)843, 18.12.2000; 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.
Commission report on the application of Council Directive 94/80/EC on the right to vote and to stand as a candidate in municipal elections (COM(2002)260, 30.5.2002).
Third Report from the Commission on Citizenship of the Union (COM(2001) 506, 7.9.2001).
A5-0241/02, 5.9.2002.

78

                                                
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. A mid-term evaluation of the
EU Plan of Action against Drugs (2000-2004) was adopted by the Council in November 2002.  The final evaluation will be undertaken 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

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

Commission 
in 
implementation of the Action Plan.325

communication 

June  2001  on 

the

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

A  Joint  Declaration  on  the
implementation  of  the  Drugs
Action  Plan  was  adopted  on
28 February 2002 by the EU
Ministers  in  association  with
the
the  Commission  and 
countries.  The
applicant 
Declaration 
the
launching  of  negotiations  for
the  applicant  countries 
to
participate in the EMCDDA.

refers 

to 

is  planned 

The 
were
negotiations 
launched  on  7  March  2002.
the
It 
applicant 
will
participate  in  the  EMCDDA
from 2003.

that 
countries 

325

Communication from the Commission to the Council and the European Parliament on the implementation of the EU Action Plan on Drugs (2000-2004) (COM(2001) 301, 8.6.2001).

79

The 
Copenhagen
European  Council  had
expected  to  approve  the
guidelines 
the
Commission

in 

                                                
Commission  communication  in  November  2002  on  the
mid-term review of the Action Plan.326

communication.

Strengthening  of  cooperation
with  the  European  Monitoring
Centre  on  Drugs  and  Drug
Addiction 
in
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. As
requested by the Council, a report by the EMCDDA and
Europol was presented to the Council’s Horizontal
Working Party on Drugs at the beginning of 2002.

Parliament  opinion  in  May
2001329

Report  now  being  examined
in the Council.

On the basis of the EMCDDA’s risk analysis, the Commission
presented a proposal for a Council Decision in December
2001,327 defining PMMA as a new synthetic drug.

Swedish Initiatives in January 2001 for a Council Decision on
the determination of the profiles of synthetic drugs and the
transmission of samples.328

Spanish initiative for a Council recommendation on the need to
reinforce cooperation and information exchanges between the
Member States' operational units specialising in combating
trafficking in chemical precursors.

Danish Initiative in July 2002, for a Council Resolution on the
generic classification of new synthetic drugs.

the
Decision  adopted  by 
Council in February 2002.330

Adoption  by  the  Council  in
May  2001  of  the  decision
concerning  the  transmission
of samples.331

Adoption  by  the  Council  in
April 2002.

Adoption  by  the  Council  in
November 2002.

Member
The 
States 
have
three  months  to
transpose 
the
decision.

Entry  into  force:
1.7.2001

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

326

327

328

329

330

331

Communication from the Commission to the Council and the European Parliament on the mid-term evaluation of the EU Action Plan on Drugs (2000-2004) (COM(2002) 599, 4.11.2002).
Proposal for a Council Decision defining PMMA as a new synthetic drug which is to be made subject to control measures and criminal provisions (COM(2001) 734, 6.12.2001).
Initiatives of the Kingdom of Sweden for a Council decision establishing a system of special forensic profiling analysis of synthetic drugs and a Council decision on the transmission of samples of illegal narcotic substances
(OJ C 10, 12.1.2001).
A5- 0121/2001, 3.5.2001.
OJ L 63/14, 6.3.2002.
OJ L 150, 6.6.2001.

80

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

Common  definitions,  charges
and penalties in the field  of  drug
trafficking333

Financial 
instrument 
combating drug trafficking

for

and
Council 
Parliament  on
the  basis  of
proposals 
of
the
Commission

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Council, 
on
the  basis  of  a
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.

Work  in  progress  in  the
Council and the EP.

Commission proposal for a Council recommendation.332

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.334

Parliament  opinion  in  April
2002335

the  Commission 

In  2002 
line
introduced  at  the  European  Parliament's  request  to  finance  a
preparatory programme to combat drug trafficking.

implemented 

the  budget 

adopted 

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

of 

This 
programme 
integrated 
programme in 2003.

preparatory
be
will 
the  AGIS

in 

332

333

334

335

Proposal for a Council Recommendation on the prevention and reduction of risks associated with drug dependence (COM(2002) 201, 8.5.2002).
See also table on “Fight against certain forms of crime”.
Proposal for a framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking (COM(2001) 259, 23.5.2001).
A5-0460/02, 25.4.2002.

81

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

With  respect  to  non-candidate  countries,  the  Commission  has  made  an  effort  to  integrate  in  a  specific  manner    (and  in  accordance  with  a  multi-annual
programme), those aspects relating justice and home affairs in its cooperation programmes with third countries.

82

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

Jurisdiction

Timetable
for
adoption

State of play

Transposition

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

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

affairs 

home 

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

immigration  policy. 

Discussion  with 
applicant
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
borders,  drugs  and  questions
of  judicial  capacity;  on  the
evaluation
Schengen 
process 
mutual
and 
recognition  at  the  Council
meeting of 14 October 2002.

Negotiations on Chapter 24
(Justice and Home Affairs)
are provisionally closed with
ten applicant countries, they
are continuing with Bulgaria
and Romania, and further
Community support is going
to JHA through the Phare
programme, twinning
schemes, partnership
agreements and
participation in JHA
programmes.

The October European
Council agreed on the
insertion of JHA
safeguard clauses (mutual
recognition in civil and
criminal matters) in future
accession treaties.

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

the

The  Council,
in 
close
cooperation
with 
Commission,
is  to  draw  up
specific
recommendati
ons

June 2000

In  June  2000  the  Feira  European  Council  adopted  a  report
drawn up by the Council and Commission on external relations
in  the  JHA  field,  in  order  to  integrate  them  into  the  Union's
overall  strategy  and  thus  to  contribute  to  establishing  the
AFSJ;  update  for  the  Laeken  European  Council  in  December
2001.

83

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

Negotiating  brief  accepted 
for  Albania,  and  exploratory
extending  to  JHA  matters  have  been  held  with  the  FRY.  The
CARDS  programme  (2002-06)  includes  a  country-by-country
JHA  strategy  for  applying  especially  to  asylum,  immigration,
organised  crime,  judicial  matters,  border  management  and
maintenance  of  a  regional  dynamic  for  the  reform  of  JHA
institutions.

Implement  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.

Agreements  have  been
signed  with  Croatia  and
the  FYROM  and  are 
in
process of ratification.

84

Concluding 
agreements

of 

readmission

Negotiations  under  way  for  readmission  agreements  with
Macao (agreement initialled on 18 October), Russia, Pakistan,
Sri Lanka, Morocco and Ukraine.

Cooperation  on 
home affairs

justice  and

An agreement was signed with
Hong  Kong  on  27  November.
Negotiating 
briefs  with
Albania,  Algeria,  China  and
Turkey are under discussion
in the Council.

Central  Asia:  Action  Plan
against  drugs  for  Central  Asia
formally  approved
(CADAP) 
by  Kazakhstan,  Kurdistan,
Tadjekistan  and  Uzbekistan
on 2 October 2002.

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

Ukraine: implementation of the
JHA action plan.

conclusions 

United States: follow-up  to the
Council 
of
particular
20.09.2001, 
in 
negotiation  with 
the-United
States  of  an  agreement  for
cooperation in criminal matters
on the basis of Articles 38 and
the  Union  Treaty
24  of 
(Council 
a
agreed 
negotiating brief in April 2002);
follow-up to the conclusions of
the  Gothenburg  European
Council.336  Negotiations 
in
progress since June 2002.

to 

336

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

85

                                                
Negotiation 
instruments

of 

multilateral

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:  three  common  negotiating  positions  were
adopted in November 2001,  June  2002,  September  2002.  In
April 2002 the Commission presented a recommendation for a
Council Decision authorising it to take part in  the negotiations
on behalf of the European Community.337

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

337

Recommendation for a Council Decision (SEC(2002) 431, 23.4.2002).

86

crime: 

Organised 
see
above. The Commission will
present  a  proposal 
for
the  UN
conclusion 
its
Convention 
the
Protocols 
Community.

and 
by 

of 

                                                
9.

OTHER CURRENT INITIATIVES

MEMBER STATES

TITLE

CONNECTION WITH TAMPERE/VIENNAState of progress

Finland

Finland

Sweden

Sweden

France

Belgium

Netherlands

Spain

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

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

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

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

Adopted 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

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

Parliament opinion in April 2002

Adoption by the Council in June 2002

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).

EP opinion in May 2002 (A5-0168/02) on the draft decision

Adoption by the Council of a recommendation in June 2002

87

Spain

Spain

Spain

Spain

Spain

Spain

Spain

Spain

Spain

Spain

Draft Council Decision establishing a European Police Studies Institute.

EP opinion in May 2002 (A5-0166/02)

Presentation to the Council in January 2002; work in progress

Draft Council Act establishing, in accordance with article 34 of the treaty on the European
Union,  the  convention  on  the  suppression  by  customs  authorities  of  illicit  drug  trafficking
on the High Seas.

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

Adopted by the Council in June 2002.

(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

Draft  decision  establishing  a  mechanism  for  the  evaluation  of  legal  provisions  for
the fight against terrorism and their national implementation

Adopted by the Council in November 2002

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

Agreement of principle in the Council in June 2002 (reservations by IRL/NL)

EP opinion in September 2002 (A5-0167/02)

Council Decision establishing a European network for the protection of VIPs338

EP Opinion in May 2002

Adoption by the Council in November 2002

338

OJ C 42, 15.2.2002.

88

                                                
Denmark

Spain

Belgium

Denmark

Denmark

Denmark

Denmark

Denmark

Draft  decision  concerning  criminal  investigations  and  prosecutions  of  genocide,
crimes against humanity and war crimes

Formal adoption by the Council once reservations have been lifted (F/IRL/NL/S/UK)

EP Opinion expected in December 2002

Recommendation  for  establishment  of  a  standard  form  for  the  exchange  of
information on terrorists

Adoption by the Council in November 2002

Council  Decision  establishing  a  European  network  of  national  contact  points  for
compensatory justice

Work in progress

EP Opinion requested for the 20 December 2002

Council Decision on the reinforcement of cooperation between Member States of the
EU as regards disqualification decisions.

Work in progress

EP Opinion expected in December 2002

Council conclusions on the relevant measures for information technology justified by
investigations and prosecutions dealing with criminal matters.

Work in progress

Council  Decision    on  the  common  use  of  liaison  officers  posted  abroad  by  the  law
enforcement agencies of the Member States

EP Opinion in November 2002

Work in progress

Council  recommendation  on  protective  measures  against  aggression  with  violence
suffered by professional drivers in the export trade.

Adoption by the Council in October 2002

Council  Act  amending  the  Council  Act  of  3  November  1998  adopting  rules  on  the
confidentiality of Europol information

Work in Progress

EP Opinion requested before 15 March 2003

89