Communication from the Commission to the Council and the European Parliament - Biannual update of the scoreboard to review progress on the creation of an area of "freedom, security and justice" in the European Union (First half of 2003)
Date: 2003-05-22
Institutions: European Commission
Subjects: EU migration policy, EU police cooperation, EU visa policy, European citizenship, drug traffic, fight against crime, judicial cooperation in criminal matters in the EU, right of asylum

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.5.2003
COM(2003) 291 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

BIANNUAL UPDATE OF THE SCOREBOARD TO REVIEW PROGRESS ON THE
CREATION OF AN AREA OF "FREEDOM, SECURITY AND JUSTICE" IN THE
EUROPEAN UNION
(FIRST HALF OF 2003)

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.

This  version  of  the  Scoreboard  is  presented  exactly  one  year  before  the  deadline  set  by  the
Amsterdam Treaty for the creation of an area of Liberty, Security and Justice and includes the
deadlines fixed at Seville, in particular in the fields of immigration and asylum.

In  the  next  version  -  scheduled  for  the  end  of  this  year  -  the  Commission  will  examine  in
detail any delay in the legislative process, both in terms of decisions to be agreed by Council
and national implementations.

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............................................................. 18

Partnership with countries of origin ........................................................................... 18

A Common European Asylum System ...................................................................... 20

Fair treatment of third country nationals.................................................................... 27

Management of migration flows ................................................................................ 32

A Genuine European Area of Justice ......................................................................... 38

Better access to justice in Europe............................................................................... 38

Mutual recognition of judicial decisions.................................................................... 44

Greater convergence in civil law................................................................................ 51

Union-wide Fight against Crime................................................................................ 55

Preventing crime at the level of the Union................................................................. 55

Stepping up cooperation in the fight against crime.................................................... 59

Fight against certain specific forms of crime............................................................. 73

Special action against money-laundering................................................................... 81

Policy on internal and external borders; visas; implementation of Article 62 of the
EC Treaty; Converting the Schengen acquis ............................................................. 86

Citizenship of the Union ............................................................................................ 95

Cooperation Against Drugs........................................................................................ 97

Stronger External Action.......................................................................................... 101

Other current initiatives............................................................................................ 106

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.

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1. 

SUMMARY

As  requested  by  the  European  Council  of  Tampere,  the  Scoreboard  prepared  by  the
Commission  is  intended  to  provide  a  regular  review  of  the  progress  made  in  the
implementation of the necessary measures for a creation of an area of freedom, security and
justice and the respect of the deadlines fixed by the Amsterdam Treaty, the Vienna Action
Plan and the Tampere conclusions.

The  Scoreboard  –  more  specifically  in  the  detailed  tables  below  -  describes  the  main
achievements since the last update of the Scoreboard was presented by the Commission on
16  December  2002,  as  well  as  the  work  planned  by  the  Commission  for  the  second
semester of 2003.

This  introduction  aims  to  highlight  the  main  achievements  reached  and  difficulties
experienced  in  view  of  the  respect  of  the  deadlines  set  by  the  Treaty  and  the  European
Council.

The present exercise is of particular significance as it takes place just one year ahead of the
deadline  set  by  the  Amsterdam  Treaty  for  the  completion  of  the  creation  of  an  area  of
Freedom,  Security  and  Justice  and  in  the  context  of  the  forthcoming  enlargement  of  the
European Union to ten new Member States.

In  its  last  update  of  the  Scoreboard  of  December  2002,  the  Commission  noted  that  the
Seville  European  Council  had  given  a  fresh  impetus  towards  the  implementation  of  the
Tampere programme by declaring its determination to speed up every aspect. At the same
time,  the  Commission  had  also  noted  that  the  backlogs  identified  on  the  occasion  of  the
Scoreboard for the Laeken European Council's mid-term review had not gone away.

Under  the  Greek  Presidency  a  number  of  key  proposals  have  finally  been  agreed  and  it
seems  likely  that,  following  the  results  of  the  June  Council  of  Ministers  of  Justice  and
Home Affairs, most of the Seville deadlines in the field of the immigration and asylum will
be met. In the field of management of external border all the actions scheduled are  under
way and the European Council of Thessaloniki will be an important opportunity to evaluate
the first results and set future objectives.

It is of the outmost importance for the credibility of the Union in these areas, which are at
the heart of public opinion's expectations, that the Council continues to press ahead for the
adoption  of  the  proposals  which  remain  on  the  table  and  that  substantive  progress  is
achieved.

However, this positive assessment is somewhat mitigated by the final outcome, in terms of
substance,  of  some  of  the  instruments  agreed,  by  comparison  to  the  initial  ambitions
described at Tampere and which the Commission has aspired to in presenting its proposals.
A clear example is the field of legal immigration. In this and other policy areas, the degree
of  harmonisation  is  at  risk  of  being  reduced  to  the  lowest  common  denominator  at  the
expense of the value added by common action at European level. In this context and given
the  ongoing  resistance  from  Member  States,  the  Commission  has  been  adopting  a
‘step-by-step’ strategy, which has proved to be efficient in these sensitive policy areas and
which is based on examples of success stories from the early days of European integration.

Concerning  judicial  co-operation  in  civil  and  criminal  matters,  the  principle  of  mutual
recognition enshrined in the Tampere conclusions is becoming a reality as the cornerstone

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of  EU  action.  The  achievements  in  this  area,  based  on  the  development  of  mutual  trust,
need to be pursued vigorously, particularly through a parallel action taking into account the
specificity of the future Member States of the Union. However, the development of mutual
recognition requires a parallel effort in the criminal law area. In  2003, the Commission is
putting  particular  emphasis  on  ensuring  effective  procedural  guarantees  for  suspects  and
accused  people,  so  to  ensure  the  necessary  balance  between  law  enforcement  and  the
respect of fundamental rights.

One year ahead of the deadlines set by the Amsterdam Treaty and the Tampere Programme,
it is clear that priority must be given to completing the planned work that still remain to be
done. In particular, new initiatives which divert from  the  agreed  planning  and  divert vital
time  and  resources  away  from  the  priorities  are  to  be  avoided.  In  this  last  respect,  the
presentation by the Greek and Italian Presidency of a joint programme is a positive signal to
be welcomed.

2003 is, of course, an important year for determining the future shape of European action in
the justice and home affairs area. These issues have  commanded considerable  attention in
the work of the Convention on the future of Europe. To ensure coherence and efficiency in
the delivery of the area of freedom, security and justice, it is important that in a new Single
Treaty and in the  context  of  a  Union of at  least  25  Member  States,  greater use should be
made  of  qualified  majority  voting  in  the  Council.  In  these  areas  of  direct  concern  to  the
citizen, it is only right that the European Parliament should have the right of co-decision in
relation to all legislative initiatives. And finally, careful thought is needed before a shared
right of initiative for the Member States is retained in relation to the current Title VI TEU
(police  and  judicial  cooperation),  as  it  is  far  from  clear  how  this  would  fit  into  the
codecision procedure. In any case, it is essential that in the future all legislative initiatives
must be fully in line with the political priorities and programming to be set by the European
Council.

A common EU asylum and migration policy

Concerning the key elements of asylum policy, Article 67§5 of the Nice Treaty establishes
the  application  of  the  co-decision  procedure  before  the  1  May  2004  provided  that  the
Council  has  previously  adopted  Community  legislation  defining  the  common  rules  and
basic principles  governing these issues.  It  should also be noted that with  Declaration n. 5
annexed  to  the  Nice  Treaty  the  Member  States  expressed  their  agreement  to  apply  the
codecision  procedure  starting  from  May  2004  for  those  provisions  on  freedom  of
movement of third-country nationals and for measures on illegal immigration. Furthermore,
the  Declaration  reads  that  the  Council  will  endeavour  to  make  the  co-decision  procedure
applicable  to  the  other  areas  covered  by  Title  IV  or  to  parts  of  them.  Finally,  a  Protocol
establishes  that  from  1  May  2004,  the  Council  shall  act  by  a  qualified  majority,  on  a
proposal  from  the  Commission  and  after  consulting  the  European  Parliament,  in  order  to
adopt the measures referred to in Article 66 (administrative co-operation).

In  the  last  months  good  progress  has  been  made  on  asylum  policy.  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  has
been adopted. Together with the launch of operations of the Eurodac system on 15 January
2003,  this  constitutes  a  considerable  step  forward.  In  order  to  guarantee  the  uniform
application of Community law, the Commission proposed to conclude parallel agreements
with  Denmark  -  that  in  accordance  with  the  Amsterdam  Treaty  does  not  take  part  to  all
provisions of title IV - on Dublin II and Eurodac. This is a provisional and creative solution
based  on  three  elements:  the  competence  of  the  Court  of  Justice;  the  obligation  for

5

Denmark to take part in the development of this acquis; the reciprocal consent to conclude
agreements with third countries in these fields.

Furthermore, in January the Council adopted the Directive laying down minimum standards
for  the  reception  of  asylum  seekers  in  Member  States.  Thanks  to  the  adoption  of  this
legislation, the first phase of the common European asylum system is progressively taking
shape.

Furthermore, one instrument covering two key elements of this system is also expected to
be  in  place  by  the  end  of  this  semester:  a  common  definition  of  refugee  status  and  a
common  approach  to  subsidiary  protection.  Council  should  also  press  ahead  with  the
adoption of the amended proposal on asylum procedures, which the Commission presented
one year ago.

In  addition,  in  March  2003  the  Commission  put  forward  a  Communication  in  which  it
expresses  its  views  on  the  common  asylum  policy  and  main  elements  of  the  Agenda  for
Protection,  promoted  by  the  UNHCR.  The  Communication  is  also  a  progress  report  on
work  on  the  common  asylum  procedure  and  the  uniform  status  as  well  as  on  the
implementation  of  the  first-stage  instruments.  The  Spring  European  Council  invited  the
Commission  to  examine,  together  with  the  UNHCR,  new  approaches  for  international
protection and to present a report, through the intermediary of the Council, to the European
Council of Thessaloniki.

The Commission will make a proposal by the  end of 2003  for a Council Decision  on  the
next generation European Refugee Fund covering the period 2005-2009. The proposal will
implement  the  principle  of  solidarity  and  fair  sharing  of  responsibility  (including  its
financial implications) between Member States. The exact scope of the future programme
will depend upon the results of the mid-term evaluation carried out on the first phase of the
European  Refugee  Fund,  as  well  as  on  the  complementarity  which  must  be  sought  in
respect to return policy.

Concerning  immigration  policy,  after  more  than  three  years  of  difficult  negotiations  the
Council reached an agreement on the Directive on family reunification. This is the first ever
EC  instrument  applicable  to  legal  migration.  Family  reunification  is  a  vital  factor  for  the
successful integration of third-country nationals and it should be regarded as a first crucial
step in the process. Notwithstanding the fact that the final outcome for certain provisions is
not as close to the Tampere ambitions as the Commission would have wished, the Directive
does include a review clause (two years after transposition) in relation to the more sensitive
provisions, such as the definition of family members.

This instrument is an essential component of the common immigration policy proposed by
the  Commission  and  it  should  be  followed  shortly  by  the  adoption  of  the  proposal  for  a
Directive concerning the status of third-country nationals who are long-term residents. But
other key Commission proposals on legal immigration still await adoption by the Council.
These are in particular the proposal for a directive on admission of third-country nationals
for purposes of employment of July 2001 and the proposal of October 2002 for a directive
on the conditions for entry and residence for the purposes of studies, vocational training and
voluntary service. By the end of 2003, these will be complemented by an action plan and a
proposal  for  a  directive  on  conditions  for  entry  and  stay  of  researchers,  which  should
increase the supply of third-country nationals researchers in Europe.

The  timely  adoption  of  these  proposals  should  be  pursued,  in  accordance  with  the  JHA
Council  conclusions  of  October  2002,  which  noted  that  the  Tampere  goals  state  that  the

6

European Union should ensure an equitable treatment of third-country nationals who reside
legally  in  the  territory  of  the  Member  States  and  that  a  more  vigorous  integration  policy
should  have  the  ambition  of  granting  them  rights  and  obligations  comparable  to  those  of
European citizens. Following those conclusions, national contact points for integration have
been appointed and a first meeting took place in March 2003. In June 2003 the Commission
is going to present a Communication on immigration, integration and employment, a policy
issue  the  importance  of  which  was  also  underlined  by  the  European  Councils  of  Seville,
Nice  and  most  recently  on  the  occasion  of  the  Spring  European  Council.  The
Communication will focus on the identification of the measures to be taken at national and
European  level  on  the  social  and  economic  aspects  of  the  sustainable  integration  of
migrants, on  cultural and  religious diversity as well  as on the  question  of  participation  in
political life and the concept of civic citizenship.

Regarding  the  necessary  administrative  cooperation  underlying  the  development  of  these
new policies, the Commission adopted a Communication launching the implementation of a
Community Action Plan to improve the exchange and analysis of statistical information in
the  field  of  asylum  and  international  migration.  The  Commission  also  implemented  the
action  programme  for  administrative  co-operation  in  the  fields  of  external  borders,  visa,
asylum, asylum and immigration (the ARGO programme). An evaluation report on ARGO
will be presented by the end of 2003.

Concerning  illegal  immigration,  and  in  the  framework  of  the  Seville  package,  the
Commission will present a report at the European Council of Thessaloniki taking stock of
progress since the Commission Communication on illegal immigration of November 2001.
Moreover, in February 2003, the Commission submitted a proposal for a Council Decision
setting the criteria and practical arrangements for the compensation of financial imbalances
arising from Council Directive 2001/40/EC on the mutual recognition of decisions on the
expulsion  of  third  country  nationals.  At  the  end  of  2003  the  Commission  is  planning  to
present a proposal for a directive on minimum standards for return procedures. Concerning
financial  possibilities  on  return  policy  the  Commission  is  giving  thought  to  the
development of a return programme and would favor an integrated approach, which should
cover every step of the return procedure.

An essential aspect of migration management is better cooperation with countries of origin
and transit. During the first semester of 2003 the Commission is going to present a proposal
to  establish  a  programme  for  cooperation  with  third  countries  in  the  area  of  migration.
Based  on  the  Community's  powers  under  Article  63  (3)  (b)  TEC,  the  Council  has  so  far
authorised the Commission to negotiate Community readmission agreements with 11 third
countries/entities:  Morocco,  Sri  Lanka,  Russia,  Pakistan  in  September  2000;  Hong  Kong
and Macao in May 2001, Ukraine in June 2002 and finally Albania, Algeria, China, Turkey
in November 2002. Following the signature of the readmission agreement with Hong Kong
in  November  2002  and  the  good  progress  in  initialing  the  agreements  with  Macao  (May
2002)  and  Sri  Lanka  (October  2002),  negotiations  are  now  also  well  under  way  with
Russia, Morocco and Ukraine .

European Law-enforcement Area

As regards civil matters

In this area, which has a direct impact on citizens and enterprises, good progress continues
to be made.

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Similarly to the asylum field, and for the same reasons related to the need to guarantee the
uniform application of Community law (see paragraph above on immigration and asylum),
the  Commission  will  negotiate,  on  the  basis  of  a  mandate  from  the  Council,  two  parallel
agreements  extending  to  Denmark  the  provisions  of  Bruxelles  I  and  the  Regulation
1348/2000 on the transmission of acts.

The Directive on legal aid was adopted by the Council in January 2003 and following that
the  Commission  is  taking  the  necessary  implementing  measures  (a  Commission  Decision
creating a form for transmitting requests for judicial aid). In addition, in January 2003, the
Commission  also  adopted  a  Green  Paper  on  the  Rome  I  Convention  with  a  view  to
modernising it and possibly converting it in a Community instrument. At the same time, a
public  hearing  took  place  on  "Rome  II",  in  view  of  the  presentation  of  a  proposal  for
regulation on the law applicable to non-contractual obligations, scheduled for the end of the
first semester 2003.

The Commission has published, on 12 February 2003, an Action Plan on a more coherent
European contract law, which launches a debate on three suggested measures, in particular
on  an  optional  instrument  on  European  contract  law.  The  Commission  thereby  maintains
the  transparent  and  consultative  approach  from  the  Communication  of  July  2001  and
expects a similar or wider echo to define its future actions.

It should be noted that with the entry into force of the Nice Treaty, measures in this field,
with  the  exception  of  aspects  relating  to  family  law,  will  henceforth  be  subject  to  the
co-decision  procedure.  Currently,  this  applies  to  the  proposal  for  a  regulation  on
uncontested claims, for which, following the opinion of the European Parliament of April
2003,  a  modified  proposal  is  going  to  be  presented  by  the  Commission  shortlyFollowing
the presentation of  a Green Paper in  December 2002, in the second  semester  of  2003  the
Commission  will  present  a  proposal  for  a  regulation  establishing  a  European
injunction-to-pay  procedure  and  is  planning  for  2004  a  proposal  on  litigation  concerning
small claims.

Despite the fact that the Council adopted in October 2002 the negotiation directives for an
agreement  between  the  Community  and  the  Lugano  Convention  States  to  facilitate  the
mutual recognition of judgments in civil and commercial matters, it will not be possible to
conclude  the  negotiations  until  the  Court  of  Justice  gives  its  opinion  on  the  Community
competence, as requested by Council.

On parental responsibility, a proposal for a decision authorising Member States to ratify the
Hague Convention of 1996 is expected in May. This follows the Council Decision for the
signature of the Hague Convention adopted last December.

The Council is going to adopt shortly the authorisation for the signature by the Community
of the Council of Europe Convention on contact concerning children.

In  March  2003,  the  Commission  organised  an  expert  meeting  on  the  law  applicable  to
divorce and it intends to present a White Paper on this issue by the end of 2003. The results
of  the  study  on  marriage  regime  will  be  ready  in  2003.  Furthermore,  in  April  2003  the
Commission  requested  the  authorisation  for  negotiating  a  Convention  on  maintenance
obligations  in  the  framework  of  the  Hague  Conference  of  International  Private  Law.  The
Commission is planning to present a Green Paper on maintenance claims in 2004.

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Concerning  alternative  dispute  resolution  (ADR),  a  public  hearing  was  organised  in
February 2003 on the Commission's Green Paper of 2002. Work will be launched in 2003
with a view to develop a European plan of best practices for mediation.

In  order  to  increase  the  visibility  of  the  direct  impact  that  judicial  co-operation  in  civil
matters  has  on  citizens  and  enterprises,  an  information  campaign  is  being  launched.
Furthermore, the European Judicial Network in Civil Matters, which has been operational
since December 2002, launched its web-site in March 2003.

As regards criminal matters

In February 2003, the Commission  presented  a  Green Paper on  procedural  safeguards  for
suspects and defendants in criminal proceedings throughout the European Union. This was
one  of  the  priorities  of  the  Commission  Legislative  and  Work  Programme  for  2003.  The
Commission  regards  it  as  a  complement  to  the  mutual  recognition  programme  and  as  a
necessary  step  to  strike  a  balance  between  the  respect  of  law  and  the  protection  of
fundamental rights of the individuals. On the basis of the Green Paper the Commission has
invited Member States, civil society and practitioners to contribute to the debate, which is
essential if the principle of mutual recognition is to be effectively applied within the whole
of  the  EU,  both  in  its  present  and  its  future  compositions.  Following  that  process,  the
Commission plans to present a proposal for a Framework Decision in the second semester
of 2003. A first discussion on procedural guarantees took place at the informal Council of
Veria in March 2003.

The  Court  of  Justice  has  issued  his  judgment  in  "ne  bis  in  idem"  matters  in  the  cases  of
Gözütok/Brügge.  Furthermore,  the  Greek  Presidency  has  presented  an  initiative  on  the
application of the  "ne  bis  in  idem"  principle.  In  this  context,  the  Commission  is  going  to
present a Communication on jurisdiction in the context of mutual recognition of decisions
in criminal matters, namely concerning preventing conflicts of jurisdiction.

Concerning victims in the framework of criminal proceedings, the Commission is about to
present  a  first  report  on  the  implementation  of  the  framework  decision  on  the  status  of
victims.

Regarding the mutual recognition of decisions at the pre-trial stage, the Council is still  to
formally adopt the framework decision on the freezing of assets and evidence. For its part,
the  Commission  intends  to  present  in  June  a  proposal  for  a  framework  decision  on  the
European  warrant  for  obtaining  objects,  documents  and  data  for  use  in  proceedings  in
criminal matters. This proposal, which applies the principle of mutual recognition to orders
to obtain objects, documents and data, will allow more rapid and efficient co-operation and
will  replace  the  existing  regime  of  mutual  assistance,  in  conformity  with  the  Tampere
conclusions. Furthermore, a Green Paper is planned for the second semester of 2003 on the
adoption of an instrument enabling control, supervision or preventive measures ordered by
a  judicial  authority  pending  the  trial  court's  decision  to  be  recognised  and  immediately
enforced.

Following the Danish initiative for a Council decision on the reinforcement of co-operation
between Member States on disqualification  decisions, the  Commission  will  present  in  the
second semester of 2003 a Communication on the mutual recognition of disqualifications.

The Council of May could reach an agreement of principle on the framework decision on
the application of mutual recognition to financial penalties.

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As  concerns  the  approximation  of  substantive  criminal  law,  the  Commission  is  going  to
present in July a Green Paper on the approximation, recognition and execution of criminal
penalties in the European Union, which would be followed by a Framework Decision at the
end  of  2003.  The  objective  of  harmonisation  is  to  ensure  a  level  of  protection  that  is
effective  and  equivalent  for  citizens  in  all  the  EU  territory,  through  providing  similar
criminal  penalties  for  the  same  crimes.  By  eliminating  considerable  divergence  between
penalties  from  one  Member  State  to  another,  criminals  can  no  longer  benefit  from  ‘safe
havens’  caused  by  the  fact  that  in  some  Member  States  penalties  are  lower  for  the  same
crime.

Union-wide Fight against Crime

The fight against terrorism is amongst the priorities of the EU for 2003, as reflected in the
Commission Legislative and Work Programme 2003. In this context the Commission will
present in the second semester of 2003 a communication on the fight against the financing
of  terrorism  accompanied  by  a  proposal  for  a  decision  on  the  exchange  of  information
concerning  terrorism.  In  December  2002,  a  Council  Decision  on  the  implementation  of
specific measures for police and judicial co-operation to combat terrorism was adopted. For
the end  of  2003  a  report  on  the  implementation  of  the  framework  decision  on  combating
terrorism will also be presented.

As  regards  Europol,  the  Council  is  about  to  adopt  adopting  a  Council  Act  to  amend  the
Europol  Convention  in  a  large  number  of  areas  in  order  to  make  it  function  more
effectively. In particular, the competence of Europol will be better defined, Europol will be
the EU contact point for counterfeiting the euro and contact between Europol and Member
States'  police  services  will  be  enhanced.  Finally,  on  19  February  the  Commission  and
Europol signed a co-operation agreement.

In March 2003, a working document of the Commission services took stock of the progress
made in the implementation of the "European Union Strategy for the beginning of the next
Millennium" on prevention and control of organised crime.

An efficient policy in the fight of all types of crime must include preventive measures. In
this respect, the Commission will present in the second semester of 2003 a Communication
the prevention of general crime to follow up its initial Communication of December 2000
and set the priorities for the next five years. A meeting of the national representatives of the
European Crime Prevention Network was held in Athens on February 2003. Furthermore,
numerous  seminars  of  the  Forum  on  the  prevention  of  organised  crime  are  scheduled  for
this year. The first meetings took place in January to discuss counterfeiting and piracy.

Scientific support is also provided by the Commission to prevent and deal with organised
crime  under  the  programme  on  "Scientific  Support  for  Policies"  of  the  6th  Framework
Programme.

The  fight  against  crime  requires  a  horizontal  action  across  EU  policies  and  for  2003  the
Commission will initiate an evaluation exercise of legislative crime proofing.

Concerning  co-operation  between  law  enforcement  authorities  of  the  Member  States,  the
Council  of  May  adopted  a  recommendation  on  a  model  agreement  for  joint  investigation
teams.  In  February  2003,  the  Council  adopted  a  Decision  on  the  common  use  of  liaison
officers seconded by the law enforcement authorities of the Member States.

10

In  the  course  of  the  second  semester  of  2003,  the  Commission  will  present  a
Communication on co-operation between police and custom authorities in the EU.

Concerning  custom  co-operation,  the  Council  adopted  in  May  a  protocol  amending  the
Convention  on  the  use  of  information  technology  for  customs  purposes  to  allow  for  the
creation of a customs files identification database.

Turing to the fight against specific forms of crime, in March 2003 the Commission created
a  consultative  group  on  the  fight  against  trafficking  in  human  beings.  The  Brussels
Declaration  resulting  from  the  European  Conference  on  Preventing  and  Combating
Trafficking in Human Beings (which took place in Brussels in September 2002) will be the
basis for future action at the EU level, as was also reaffirmed by the Council of Justice and
Home Affairs of May.

In February 2003 the Council reached political agreement on the Commission's proposal for
a framework decision on attacks against information systems, which was formally adopted
in May. However, the Commission proposal of November 2001 for a framework decision
on racism and xenophobia, despite being high on the agenda of the Greek Presidency, is not
likely to be adopted by June 2003.

The  Commission  is  about  to  adopt  a  communication  for  a  common  policy  against
corruption.

In March 2003, the Commission presented a proposal of Directive on ship-source pollution
and  on  the  introduction  of  sanctions,  including  criminal  sanctions,  for  pollution  offences.
The Directive has been complemented in  May by  a proposal  for a  framework decision to
strengthen the criminal law framework for the enforcement of the law against ship-source
pollution.

Regarding  the  reinforcement  of  the  protection  of  the  Community's  financial  interests,  the
Commission  submitted  in  April  2003  an  evaluation  report  on  the  activities  of  OLAF.  A
report on the follow-up of the Green Paper of 2001 relating to the European Prosecutor was
presented in March 2003.

Concerning  money-laundering,  in  June  2003  the  Commission  intends  to  present  a
Communication evaluating the action undertaken to combat financial crime under the third
pillar. Political agreement on the Danish initiative for a framework decision on confiscation
was reached in December 2002.

Policy on internal and external borders and visas, and Schengen

Progress  has  been  made  on  the  implementation  of  the  Action  Plan  on  external  border
management, in line with the priorities set at the European Council of Seville. The progress
made  on  the  overall  "Seville  package"  will  be  discussed  at  the  European  Council  of
Thessaloniki in June.  In that  occasion,  the  Commission  intends  to  present  a  report  taking
stock the work made on the basis of the three action plans adopted in 2002 and concerning
respectively the fight against illegal immigration, border control and the return policy. This
report will be complementary to that prepared by the Greek Presidency in co-operation with
the Commission on the operational projects and pilot projects on border control that have
been taking place over recent months.

For the first semester 2003  -  in  conjunction  with  the  development  of  operational  projects
and pilot projects; improving co-ordination between liaison officers; the preparation by the

11

Commission  of  feasibility  studies  on  maritime  border  control,  burden  sharing  and  the
establishment  of  a  Visa  Information  System  -  the  Commission  is  working  on  the
presentation of a proposal to recast the Schengen Common Manual on external borders.

Concerning  specifically  the  Visa  Information  System,  the  Commission  will  submit  a
proposal for a regulation on its development during the second semester of 2003.

As for the development of the Schengen Information System (SIS II), the first report from
the Commission's services to the Council and the European Parliament was transmitted in
February 2003 and the feasibility study was finalised in April 2003 as scheduled.

In the framework of developing a common visa policy, and as requested by the European
Council of Seville, the Council adopted in March 2003 a Regulation amending Regulation
539/2001  listing  the  third  countries  whose  nationals  must  be  in  possession  of  visas  when
crossing the external borders of the Member States and those whose nationals are exempt
from  that  requirement.  Following  this  instrument,  the  Commission  will  present  in  June
2003 a report on the implications of reciprocity in the field of visa policy. Furthermore, the
Council  adopted  in  February  2003  a  Council  Regulation  on  visas  issued  to  seamen  in
transit. In April 2003, the Commission presented a proposal for a Regulation facilitating the
procedures for applying for and issuing of visas to the members of the "Olympic family" in
view of the Olympic games in Greece in 2004.

The  Council  adopted  in  April  a  Regulation  establishing  a  Facilitated  Transit  Document
(FTD) and a Facilitated Rail Transit Document (FRTD) and a Regulation establishing their
uniform format. These proposals form an important part of the measures to be implemented
to address the peculiar situation of the enclave of Kaliningrad in view of the future external
borders of the European Union.

The  external  dimension  of  these  policies,  particularly  as  regards  the  association  of
Switzerland  with  the  Schengen  acquis,  are  discussed  in  the  chapter  on  "stronger  external
action" below.

Citizenship of the Union

As concerns the development and full respect of fundamental rights and the promotion of
European  citizenship,  a  report  on  the  derogations  granted  with  regard  to  the  right  to  vote
and  to stand as a candidate in elections  to the  European  Parliament  was  presented  by  the
Commission  in  January  2003.  In  addition,  the  Commission  adopted  in  April  2003  a
Communication on measures to be taken to ensure participation by all citizens in the 2004
elections to the European Parliament in an enlarged Union. A report on the Application of
Directives 90/364/EC, 90/365/EC and 93/96/EC on  the  right of residence  of  persons  who
are economically inactive was adopted in March 2003.

Following  the  opinion  of  the  European  Parliament  of  February  2003,  the  Commission
presented,  in  April  2003,  a  modified  proposal  for  a  directive  related  to  the  right  of  EU
citizens and their families to free movement and stay in the territory of the EU.

European citizenship, together with balancing security and liberty, is one of the issues  for
which  research  is  undertaken  under  the  5th  RTD  Framework  Programme.  This  will  be
continued under Priority 7 "Citizens and governance in the knowledge based society" of the
6th RTD Framework Programme.

12

In the wider area of protection of vulnerable groups, a proposal for the second phase of the
DAPHNE  programme  (2004-2008)  on  measures  aimed  to  prevent  violence  towards
children,  young  people  and  protect  victims  and  at  risk  groups  was  presented  in  February
2003.

Furthermore, in the framework of fundamental rights, the Commission is going to present
by  the  summer  a  communication  on  the  application  of  article  7  of  the  Treaty  on  the
European Union.

Cooperation against Drugs

Despite the fact that the European Council of Laeken asked for the adoption by May 2002
of the Commission's proposal for a framework decision laying down minimum provisions
on  the  constituent  elements  of  criminal  acts  and  penalties  in  the  area  of  drug  trafficking,
work is still on-going in the Council and there is little hope that this key instrument will be
agreed during Greek Presidency.

In the framework of the implementation of the Plan of Action against drugs (2000-2004),
an  initiative  has  been  submitted  to  the  Council  by  the  Greek  Presidency  and  the  United
Kingdom in view of the adoption of a plan for the implementation of the priority actions.

In  February  2003,  the  Council  adopted  a  Resolution  on  the  treatments  of  drug  addicts  in
prison and the Council is about to adopt the Commission's proposal for a recommendation
concerning the prevention and reduction of the risks linked to drug addiction.

For  the  second  semester  of  2003,  the  Commission  will  present  a  Communication  on
improving drugs co-ordination mechanisms for drugs at European and national level.

Stronger External Action

On 16 April, ten future Member States of the European Union signed the accession treaties.
This  is  an  enlargement  of  an  unprecedented  scale  and  requires  that  the  necessary  means,
including  in  financial  terms,  are  made  available  to  guarantee  that  all  conditions  of
membership  can  be  met,  particularly  regarding  the  second  step  following  enlargement,
which  is  the  lifting  of  internal  border  controls  on  persons.  For  seven  of  the  ten  countries
signing the treaties,  a  specific  and  additional  financing,  the  so-called  "Schengen  Facility"
has therefore been foreseen for the years 2004-2006 in a Protocol annexed to the accession
treaties. Meanwhile, accession negotiations on Chapter 24 on justice and home affairs  are
continuing with Romania and Bulgaria.

In  the  first  semester  of  2003,  priority  has  been  given  to  further  work  to  strengthen  the
administrative and judicial capacity of and generally to assist the ten acceding countries in
meeting the commitments undertaken during accession negotiations. The extensive special
JHA monitoring mechanism has been intensified in relation to the ten acceding  countries.
For the other candidate countries, the Accession Partnerships have been updated, including
a JHA section. New Phare projects in the JHA area have been launched to assist Bulgaria
and Romania while in Turkey the first twinning projects are being launched.

Concerning the Western Balkans, the development of a strategy to fight against organised
crime  is  on  the  top  of  the  EU  agenda  and  the  Commission  is  preparing  new
institution-building measures in response. An open debate on the Western Balkans was held
by the Council in February. A JHA Ministerial Troika was held on 22 April with Western

13

Balkans,  Bulgaria,  Romania  and  Turkey  and  Western  Balkans  are  on  the  agenda  of  the
European Council of Thessaloniki.

For  the  Mediterranean  countries,  the  decision  has  been  taken  to  launch  "justice  and
security"  sub-committees  under  the  Association  Agreements,  starting  with  Morocco,  and
further steps have been taken to implement the new JHA regional programme.

Negotiations  on  readmission  agreements  are  progressing,  as  detailed  in  the  chapter  "A
common EU asylum and migration policy".

With Russia and Ukraine, work is under way, notably to foster implementation of the action
plans on JHA.

Negotiations  on  the  agreement  with  the  United  States  on  extradition  and  judicial
co-operation in criminal matters, which is a priority in the Union's agenda, are progressing.

Negotiations  with  Switzerland  with  a  view  to  that  State’s  participation  in  the  Schengen
acquis and the Dublin Convention are under way. Concerning Norway and Iceland and the
agreement associating them to the the Schengen acquis, the Council adopted a Decision in
February  2003  laying  down  those  provisions  of  the  1995  Convention  on  a  simplified
extradition procedures between the Member  States  of  the  EU  and  those  provisions  of  the
1996 Convention relating to extradition between the member States of the EU which are to
be considered as a development of the Schengen acquis.

Concerning multilateral instruments, the Commission intends to submit in 2003 a proposal
for the conclusion of the UN Convention on organised crime and its protocols.

14

Adopted Commission  proposals  and  Member  States'  initiatives  in  Justice  and  Home
Affairs awaiting action in other EU institutions

This list aims to highlight the main Commission proposals and Member States' initiatives
that await  action  in the other  EU institutions  or  adoption  following  the  lifting  of  national
reservations  in  order  to  fulfill  the  obligations  set  by  the  Amsterdam  Treaty  and  the
conclusions of the European Council of Tampere in view of realising an European area of
Freedom, Security and Justice by May 2004.

Common asylum policy:

–  Proposal for a Council Directive on minimum standards on procedures in Member States

for granting and withdrawing refugees status

–  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

Common immigration policy and fight against illegal immigration:

–  Proposal for a Council Directive on the right to family reunification

–  Proposal for a Council Directive concerning the status of third country nationals who are

long term residents

–  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

–  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  co-operate
with the competent authorities

–  Proposal  for  a  Council  Directive  on  the  conditions  of  entry  and  residence  of  third
country nationals for the purposes of studies, vocational training or voluntary service

–  Proposal  for  a  Council  Decision  setting  out  the  criteria  and  practical  arrangements  for
the compensation of the financial imbalances resulting from the application of Council
Directive  2001/40/EC  on  the  mutual  recognition  of  decisions  on  the  expulsion  of
third-country nationals

–  Initiative  of  the  Federal  Republic  of  Germany  with  a  view  to  adopting  a  Council

Directive on assistance in cases of transit for the purposes of removal by air

Internal and external borders, common visa policy:

–  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

–  Initiative of the Kingdom of Spain with a view to adopting a Council Directive on  the

obligation of carriers to communicate passenger data

15

EU citizenship and protection of fundamental rights:

–  Proposal for a Directive of the European Parliament and of the Council on the right of
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the
territory of the Member States

–  Proposal  for  a  Decision  of  the  European  Parliament  and  of  the  Council  establishing  a
second  phase  of  a  programme  of  Community  action  (2004-2008)  to  prevent  violence
against children, young people and women and to protect victims and groups at-risk (the
Daphne II programme).

A genuine area of justice in civil law matters:

–  Proposal for a Council Directive on compensation to crime victims

–  Proposal  for  a  Council  Regulation  creating  a  European  enforcement  order  for

uncontested claims

–  Proposal  for  a  Council  Regulation  concerning  jurisdiction  and  the  recognition  and
enforcement  of  judgements  in  matrimonial  matters  and  in  matters  of  parental
responsibility repealing Regulation (EC) n. 1347/2000 and amending Regulation (EC) n.
44/2001 in matters related to maintenance

Fight against crime and a genuine area of justice in criminal matters:

–  Proposal  for  a  Council  Framework  Decision  on  combating  the  sexual  exploitation  of

children and child pornography

–  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  the

criminal-law protection of the Community's financial interests

–  Proposal  for  a  Council  Framework  Decision  laying  down  minimum  provisions  on  the
constituent elements of criminal acts and penalties in the field of illicit drugs trafficking

–  Proposal for a Council Decision on combating racism and xenophobia

–  Proposal for a Council Framework Decision on attacks against information systems

–  Proposal for a Directive of the European Parliament and of the Council on the Protection

of the Environment through Criminal Law

–  Proposal for a Directive on ship-source  pollution  and  on  the  introduction  of  sanctions,

including criminal sanctions, for pollution offences

–  Proposal  for a Council  Framework Decision  to  strengthen  the  criminal  law  framework

for the enforcement of the law against ship-source pollution

–  Initiative of the United Kingdom, the French Republic and the Kingdom of Sweden with
a view to adopting a Council Framework Decision on the application of the principle of
mutual recognition to financial penalties

–  Initiative  of  the  Kingdom  of  Denmark  with  a  view  to  the  adoption  of  a  Council
Framework  Decision  on  Confiscation  of  Crime-related  Proceeds,  Instrumentalities  and
Property

16

–  Initiative  of  the  Kingdom  of  Denmark  with  a  view  to  the  adoption  of  a  Council
Framework Decision on the execution in the European Union of confiscation orders

–  Initiative  of  the  Kingdom  of  Denmark  with  a  view  to  adopting  a  Council  Decision  on
increasing  cooperation  between  European  Union  Member  States  with  regard  to
disqualifications

–  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

–  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.

–  Initiative  of  the  Republic  of  Greece  for  the  adoption  of  a  Framework  Decision  on  the

application of the "ne bis in idem" principle.

17

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 instruments.

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).

18

Objective:

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

Action needed

Responsibility

Timetable
for
adoption

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

Council 
Commission

and

of 

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

Council 
Commission

and

April 2001

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

Progress  in  the  Council  and,  if
appropriate, Parliament

Adoption  by  the  Council  and,  if
appropriate, Parliament

Actions  planned  and  progress
made

State of play

Transposition

on 

The 

(cid:1)
the
report 
implementation  of  the  action  plans
already  adopted  was  presented  to
the  Nice  European  Council 
in
December 2000

the  basis  of 

Following  this  report  adopted  by  the
Council, new  action  plans  should  be
the
drawn  up  on 
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.

(cid:1) 
In June 2003, the Commission
is planing to present a proposal for a
regulation  establishing  a  legal  base
regarding  cooperation  with 
third
countries in the area of migration..

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

Council 
Commission

and

As  soon  as
possible

(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.

1

Follow-up to EP resolution of 30 March 2000.

19

                                                
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.

A common asylum procedure and a uniform status for refugees must also be established, to be valid throughout the Union.

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

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

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

State of play

Transposition

of 
Examination 
effectiveness 
of 
Dublin Convention

the
the

Evaluation  to  be
conducted  by  the
Commission

2000

(cid:1) 

Final evaluation report presented in April 20012

Adoption  of  criteria  and
mechanisms (regulation)

April 2001

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

(cid:1)
March 2000.3

Commission  staff  working  document  presented 

in

(cid:1)
Commission  proposal  of  July  2001  for  a  Regulation
determining the Member State responsible for examining
an asylum application.4

(cid:1)
April 20025

Parliament  opinion 

in

Adopted  by  the  Council  in
February 20036

Adoption by the Council in
May 2003 of a Decision
authorsing the
Commission to negotiate
with Denmark.7

Entry 
into
force: 17.3.2003

Directly
applicable

2

3

4

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).
COM(2001) 447, 26.7.2001: Commission 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.

20

                                                
(cid:1)
Austrian  initiative  in  November  2002  for  a  Council
Regulation  determining  the  States  which  qualify  as  safe
third States.8

(cid:1)
Parliament 
expected in July 2003

opinion

Finalise 
EURODAC

work 

on

Council 
Commission

and

(cid:1)
Commission  proposal  in  May  1999,  for  a  Council
Regulation  establishing  the  Eurodac  system,9  amended  in
March 2000.10

EP 

(cid:1)
November 
September 200012

Opinions 
199911 

in
and

(cid:1)
the  Council 
200013  and 
regulation 
2002.14

Regulation  adopted  by
in  December
implementing
February

in 

unit 

Development  of 

(cid:1)
the
central 
the
Commission,  in  contact  with
the experts from the Member
States.

by 

into

Entry 
force:
15.1.2003.

(cid:1)
Implementation  of  a
communal  control  authority
on 28 November 2002

(cid:1)
Eurodac  began 
activities on 15.1.2003

its

(cid:1)
In  the  second  half  of
2003  the  Commission  is
planning 
to  present  a
report  evaluating  the  first
year of Eurodac activity.

5

6

7

8

9

10

11

12

13

14

A5- 0081/2002, 8 April 2002.
OJ L 50, 25.2.2003.
Council Decision authorising the Commission to negotiate with Denmark the conclusion of an agreement concerning the criteria and mechanisms for establishing the state responsible for examining a request for asylum lodged in Denmark or any other EU
Member  State,  and  to  negotiate  with  Iceland  and  Norway  the  conclusion  of  a  Protocol  pursuant  to  article  12  of  the  Agreement  between  the  European  Community  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the  criteria  and
mechanisms for establishing the state responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway.
OJ C 17, 24.1.2003: Council Regulation establishing the criteria for determining the States which qualify as safe third States for the purpose of taking the responsibility for examining an application for asylum lodged in a
Member State by a third country national and drawing up a list of European safe third States.
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- 0059/1999, 11.11.1999.
OJ C 146, 17.5.2001.
OJ L 316, 15.12.2000.
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).

21

                                                                                                                                                                                                                                                           
Objective: A fair and efficient asylum procedure

Action needed

Responsibility

Timetable
for
adoption

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

State of play

Transposition

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

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

of 

April 2001

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

(cid:1)
Commission  proposal  for  a  directive  in  September
2000,  amended in June 2002,15  amended  in  June  2002,16  in
accordance  with  the  conclusions  of  the  Laeken  European
Council.

(cid:1)
September 200117

Parliament  opinion 

in

Council  conclusions  adopted
in December 200118

.

(cid:1)  Work in progress in the
Council.

Seville 

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

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

April 2001

(cid:1)
basis of a French Presidency working document

Council conclusions adopted in November 2000 on the

(cid:1)
2001.19

Commission  proposal  for  a  Council  directive  in  April

(cid:1)
April 200220

Parliament  opinion 

in

(cid:1)
Council in January 200321

Adopted 

by 

the

Implementation
:  no  later  than
6.2.2005.

15

16

17

18

19

20

21

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 (press 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.
OJ L 31, 6.2.2003.

22

                                                
Common 
procedure

asylum

Commission 
part)

(in

Commission  communication 

(cid:1)
in  November  2000,22
proposing an approach in two stages to  establish a common
European asylum system based on a common procedure and
a uniform status.

(cid:1)
October 200123

Parliament  opinion 

in

(cid:1)
First  Commission  progress  report,  November  2001,  on
the common asylum policy, introducing an open coordination
method,24  and  second  report,  March  2003,  on  the
common asylum policy and the Agenda for Protection.25

to 

contribute 

(cid:1)
The  Commission,  as
stated  in  its  communication
of  November  2001,  wishes
to 
the
establishment,  as  requested
by 
the  Laeken  European
Council,  of  an  information
exchange system on asylum,
migration  and  countries  of
origin 
and
(Asylum 
Immigration Committee). In
July  2002,  it  established  an
for  asylum
EU  network 
practitioners (EURASIL).

to 

of 

(cid:1)
In  the  second  half  of
is
the  Commission 
2003 
a
present 
planning 
the
on 
communication 
examination 
asylum
applications  outside  the  EU,
on  the  establishment  of  a
for
single 
for
examining  applications 
the  Member
in 
protection 
States and the establishment
of  resettlement  schemes  in
the EU.

procedure 

22

23

24

25

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)
A5- 304/2001, 3.10.2001.
Communication from the Commission to the Council and the European Parliament on the common asylum policy, introducing an open coordination method (COM(2001)710, 28.11.2001).
Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  on  the  common  asylum  policy  and  the  agenda  for  protection  (Second  Commission  report  on  the  implementation  of  communication
COM(2000) 755 final of 22 November 2000 (COM(2003)152, 26.3.2003).

23

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

Action needed

Responsibility

Timetable
for
adoption

State of play

Transpositio
n

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

Actions 
progress made

planned 

and

to 

the

follow-up 

As  a 
Commission
communication, 
a
legislative instrument may
be needed

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2004

(cid:1)
previous point)

Commission  Communication  in  November  2000  (see

(cid:1) 

Commission progress report (see previous point)

(cid:1)
2001.26

Commission  proposal  for  a  Directive  in  September

(cid:1)
October 200227

Parliament  opinion 

in

(cid:1)  Work in progress in the
Council.

(cid:1)
Adoption  by  Council
scheduled  for  June  2003,
as  requested  by  Seville
European Council.

26

27

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.

24

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

State of play

Transposition

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

forms 
Subsidiary 
protection (directive)

of

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

As  soon  as
possible

(cid:1) 

Commission proposal for a Directive in May 2000.28

(cid:1)
March 2001.29

Parliament  opinion 

in

(cid:1) 
in July 2001.30

Adopted by  the Council

for

Deadline 
implementation:
31.12.2002

April 2004

(cid:1)
200131 (see preceding objective).

Commission  proposal  for  a  Directive  in  September

(cid:1)
October 200232

Parliament  opinion 

in

(cid:1)
Adoption  by  Council
scheduled  for  June  2003,
as  requested  by  Seville
European Council.

28

29

30

31

32

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.
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.

25

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

Action needed

Responsibility

Timetable
for
adoption

Proposals,  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

Actions 
progress made

planned 

and

State of play

Transposition

Setting  up  a  European
Refugee Fund (decision)

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

As  soon  as
possible

(cid:1)
December 1999.33

Commission  proposal 

for  a  Council  directive 

in

(cid:1)
April 200034

Parliament  opinion  in

(cid:1)
the  Council 
200035

Decision  adopted  by
in  September

2000-2003
exercises  under
way.

(cid:1)
In  March  2003 
programme of work on ERF.

the  Commission  presented 

its

(cid:1)
In  the  second  half  of
2003  the  Commission  is
planning 
to  present  a
proposal  for  a  decision  on
the  implementation  of  the
European  Refugee  Fund
for 2005-2009.

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

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

(cid:1)
The  European  Refugee  Fund  now  has  an  annual
reserve  of  10  million  to  deal  with  emergency  and  massive
influx situations.

33

34

35

Proposal for a Council Decision on the European Refugee Fund (COM(1999) 686, 14.12.1999).
OJ C 40, 7.2.2001.
OJ L 252, 6.10.2000.

26

                                                
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 xenophobia36

Action needed

Responsibility

Timetable
for
adoption

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

State of play

Transposition

of 

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

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

of 
framework 
treatment 

Establishment 
general 
equal 
employment 
occupation (directive)

a
for
in
and

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

June-Dece
mber 2000

(cid:1)
November 1999.37

Commission  proposal 

for  a  Council  directive 

in

(cid:1)
May 2000.38

Parliament  opinion 

in

(cid:1)

Adopted 
Council 
2000.39

by 
in 

the
June

(cid:1)
November 1999,40 amended in October 2000.41

Commission  proposal 

for  a  Council  directive 

in

(cid:1)
October 200042

Parliament  opinion 

in

(cid:1)

by 

Adopted 
the
Council  in  November
2000.43

Implementation
deadline:
19.07.2003.

Implementation
deadline:
2.02.2003.

36

37

38

39

40

41

42

43

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- 0136/1999, 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.

27

                                                
drawing
Programmes 
upon  best  practices  and
experiences (decision)

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

(cid:1)
Commission  proposal  in  November  1999  for  a  Council
Decision  establishing  a  programme  to  support  the  Member
States' efforts,44 amended in October 2000.45

(cid:1)
October 2000.

Parliament 

opinion

(cid:1)

Decision  adopted  by
the 
in
Council 
November 2000.46

Programme  runs
from  1.1.2000  to
31.12.2006

Council 
Commission

/

(cid:1)
annual report published in December 2002.

Official  opening  of  the  Centre  on  7  April  2000.  Fourth

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

and 

Council,  on 
the
a
of 
basis 
proposal  by  the
Commission

Enhancing  police  and
in
judicial  cooperation 
preventing 
and
racism  and
combating 
xenophobia 
-  common
charges  for  racism  and
xenophobia 
(framework
decision)47

(cid:1)
November 2001.48

Commission  proposal  for  a  Framework  Decision  in

(cid:1)
July 200249

Parliament  opinion 

in

(cid:1)
the Council.

Work  in  progress  in

(cid:1) 
Semitism and xenophobia adopted in April 2002.

Council  conclusions  on  the  fight  against  racism,  anti-

(cid:1)

2003, 

At  the  end  of  the  first
the
half  of 
Commission 
is
planning  to  present  a
communication  on  the
Observatory's  results
and  a  recasting  of
Regulation
No 1035/97.

44

45

46

47

48

49

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(1999)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.

28

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

State of play

Transposition

Council 
Commission 
Member States

/
/

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

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

as  well 

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

(c) 

(cid:1)
immigration in November 2000.50

Commission  communication  on  combating 

illegal

(cid:1)
October 2001.51

Parliament  opinion 

in

(cid:1)
coordination policy.52

Communication  on  the  implementation  of  an  open

(cid:1)
opinion
expected in September 2003

Parliament 

(cid:1)
Commission  proposal  for  a  Council  directive  on  family
reunification  in  December  1999,53  amended  in  October
200054  and  May  2002,55  in  accordance  with  the  conclusions
of the Laeken European Council.

(cid:1)
in
Parliament  opinion 
September  200056  and  fresh
in  April
opinion  expected 
2003.57

(cid:1)
scheduled  before 
2003.

Council    discussions
June

(cid:1)
in
principle in February 2003.

Agreement 

(cid:1)
on admission for employment in July 2001.58

The  Commission  presented  a  proposal  for  a  directive

(cid:1)
February 2003.59

Parliament  opinion 

in

(cid:1)
the Council.

Work  in  progress  in

The 

(cid:1)
Commission
contributed 
the
to 
establishment,  as  requested
the  Laeken  European
by 
Council,  of  an 
information
exchange  system  on  asylum
and immigration, following on
its  communication  of
from 
July  2001 
(Asylum  and
Immigration Committee).

(cid:1) 

The  Commission 

(cid:1)
is
to  present  a
planning 
communication 
the
in 
second  half  of  2003  on
conditions  for  entry  and
research
residence 
of 
workers 
from
third-countries.

50

51

52

53

54

55

56

57

58

59

Communication from the Commission to the Council and the European Parliament on a Community immigration policy (COM(2000) 757, 22.11.2000).
A5-305/2001, 3.10.2001.
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 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).
A5-0201/2000, 6.9.2000.
A5- 0086/03, 9.4.2003.
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).
A5- 0010/2003, 12.2.2003.

29

                                                
(cid:1)
The  Commission  presented  a  proposal  for  a  directive
on  admission for the purposes  of  studies,  vocational  training
and voluntary service in October 2002.60

Parliament 
expected in June 2003.

opinion

Work  in  progress  in  the
Council

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

Council,  on  the
a
basis 
proposal  by  the
Commission

of 

See below.

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Actions 
progress made

planned 

and

State of play

Transposition

or 

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

time 

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

(cid:1) 

(cid:1) 

Council conclusions adopted in November 2000

Commission proposal for a Directive in March 2001.61

(cid:1)
February 2002.62

Parliament  opinion 

in

(cid:1) 
expected before June 2003.

Adoption by the Council

Following 

the  adoption  of  Council  conclusions 

(cid:1)
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 
to  extend
Regulation  (EEC)  No  1408/71  to  third-country  nationals  not
covered  by  these  provisions  solely  by  reason  of  their
nationality.63

for  a  Council  Regulation 

(cid:1)
November 2002.64

Parliament  opinion 

in

(cid:1) 
Agreed in principle by
the Council in February 2002

60

61

62

63

64

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).
Proposal for a Council Directive concerning the status of third-country nationals who are long-term residents (COM(2001) 127, 13.3.2001).
A5- 0436/2001, 5.2.2002.
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).
A5-0369/02 du 21.11.2002

30

                                                
of 
of 

the
Determination 
criteria 
the
and 
conditions  under  which,
like  Community  nationals
families,
and 
their 
third-country 
nationals
could  be  allowed  to  settle
and  work  in  any  Member
State  of  the  Union,  taking
account 
the
consequences  for  social
equilibrium and the labour
market (directive)

of 

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

(cid:1)
Commission  communication  on  implementing  an  open
coordination policy on immigration in July 2001 (see above).65

(cid:1)
opinion
expected in September 2003

Parliament 

(cid:1)
discussions
scheduled before June 2003.

Council 

(cid:1)
resident status in March 2001.66

Commission  proposal  for  a  directive  on  long-term

(cid:1) 
February 2002.67

Parliament  opinion  in

(cid:1)
the
In  June  2003 
Commission  is  planning  to
present  a  communication
on  immigration,  integration
and employment.

65

66

67

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).
A5-0436/2001, 5.2.2002..

31

                                                
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, and the report will be made at the Thessaloniki
European Council.

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

Action needed

Responsibility

Timetable
for
adoption

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

in
Commission, 
cooperation  with
Member States

Setting  up  of  a  European
/
Migration  Observatory 
Network

Commission

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

Actions 
progress made

planned 

and

State of play

Transposition

Commission  Communication 

(cid:1)
2003,
presenting  a  plan  of  action  for  gathering  and  analysing
Community statistics on migration.68

in  April 

(cid:1)
Preparatory actions (on the basis of  previous feasibility
study)  financed  by  ODYSSEUS  programme;  Commission
staff  working  document  presented  to  the  experts  from  the
Member States in July 2002

Action 

(cid:1)
launched  by
establishing  national  contact
points in December 2002.

Work  plan 
in 

(cid:1)
to  be
2003.
established 
Meeting  with 
national
contact points in May 2003.

68

COM(2003)179, 15.4.2003: Communication from the Commission to the Council and the European Parliament to present an action plan for the collection and analysis of Community statistics in the field of immigration.

32

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

Action needed

Responsibility

Timetable
for
adoption

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

Adoption  of  measures
establishing 
minimum
rules  on  what  constitutes
a  criminal  act  and  what
penalties  should  apply  to
linked
organised  crime 
with  trafficking  of  human
beings 
(framework
decision)69

Member  States
/Commission/
Europol

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

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

Actions 
progress made

planned 

and

(cid:1) 
The  Commission  tabled  a  proposal  for  a  Council
framework  decision  on  combating  trafficking  in  human
beings in December 2000.70

(cid:1)
March 2001.71

Parliament  opinion 

in

(cid:1) 
in July 2002.72

Adopted by  the Council

(cid:1)
The  French  Presidency  presented  two  initiatives,  one
for  a  directive  and  one  for  a  framework  decision,  on  the
liability of traffickers.73

Parliament  opinion
in  February

(cid:1) 
(rejection) 
2001.74

(cid:1) 
in November 2002.75

Adopted by  the Council

(cid:1)
immigration in November 2001.76

Commission  communication  on  combating 

illegal

Decision 

(cid:1)
Eurojust  adopted  by 
Council in February 2002.77

establishing
the

action 

Implementation 

(cid:1)
of
Council 
plan.
Report  to  the  Thessaloniki
European  Council 
(see
Introduction).

for

- Deadline 
implementation:
1.8.2004

Deadline 
for
Implementation
5.12.004

-  One  year  for
short-term
measures;

-  Three  years
for
medium-term
measures;

69

70

71

72

73

74

75

76

77

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).
OJ C 53E, 28.2.2002, p. 121.
OJ L 203, 1.8.2002, p. 1.
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).
A5- 0315/2001, 15.2.2001.
OJ L 328, 5.12.2002
Communication from the Commission to the Council and the European Parliament on a common policy on illegal immigration (COM(2001) 672).
Plan to combat illegal immigration and trafficking in human beings in the European Union (JAI 30 rev1 – 6621/1/02).

33

                                                
(cid:1)
permit issued to victims of trafficking in human beings.78

Commission  proposal  for  a  directive  on  a  residence

(cid:1)
October 200279

Parliament  opinion 

in

(cid:1) 
Council  conclusions  on
the 
illegal
fight  against 
immigration  and  trafficking  in
human 
sea
beings 
adopted in April 2002.

by 

Council  adoption 

(cid:1)
in
May  2003  of  the  Brussels
Declaration  on  prevention
of 
in  human
beings  and  combating  the
phenomenon.

trafficking 

illegal 

up 
frameworks 

(cid:1)
of
Setting 
to
cooperation 
combat 
immigration
from  China  and  the  western
Balkans, 
in
November  2000  and  March
2001 respectively

organised 

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

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

the
a

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

(cid:1)
Council directive.80

Initiative  by  the  French  Presidency  in  July  2000  for  a

(cid:1)  Work in progress in the
(CIREFI[REF]I)  on
Council 
information
improving 
action
exchanges 
against 
immigration
networks (see above).

illegal 

and 

In 

June 2003 

(cid:1)
the
Commission is planning to
present  a  proposal  for  a
decision  establishing  an
information 
and
coordination  network  (in
the
conjunction 
Iconet 
warning
system).

early 

with 

(cid:1)
(rejection) in March 2001.81

Parliament 

opinion

(cid:1) 
in June 2001.82

Adopted by  the Council

Organisation 

(cid:1)
by
professional  bodies,  with  the
Commission's  support,  of  a
round 
table  on  general
issues  relating  to  hauliers'
liability in November 2001

Implementation
deadline: 
later 
11.2.2003.

no
than

78

79

80

81

82

Commission 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).
A5-0397/02, 5.12.2002.
Initiative of the French Republic with a view to the adoption of a Council Directive concerning the harmonisation of financial penalties imposed on carriers transporting into the territory of the Member States third-country
nationals lacking the documents necessary for  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.

34

                                                
Objective: To assist countries of origin and transit

Action needed

Responsibility

Timetable
for
adoption

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

State of play

Transposition

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

April 2001

(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.

(cid:1)
The  Commission  has  adopted  a  Communication  on
integration of the migration policy in relations between the EU
and third countries.83

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.

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

in 

Promotion  of  voluntary
return

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

to 
trafficking 

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

(cid:1)
on
Conclusions 
in
intensive  cooperation 
the 
of
management 
migratory flows adopted by
Council 
November
2002.Conclusions  adopted
by the Council in May 2003

in 

(cid:1)
the
In  June  2003 
Commission  is  planning  to
for  a
present  a  proposal 
decision 
a
cooperation  programme  with
third  countries  as  regards
migration.84

establishing 

83

84

COM(2002)703, 3.12.2002.
See also table on “Partnership with countries of origin”.

35

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

Action needed

Responsibility

Timetable
for
adoption

the
Council,  on 
basis 
a
of 
proposal  by  the
Commission

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

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

Actions 
progress made

planned 

and

State of play

Transposition

(cid:1)
Presentation  of  draft  negotiating  mandates  for
readmission  agreements  with  Morocco,  Pakistan,  Sri
Lanka  and  Russia  in  February  2000,  Hong  Kong  and
Macao  in  March  2001,  Ukraine  March  2002 and  Albania,
Algeria, China and Turkey in October 2002.

(cid:1) 
October 200285

Parliament  opinion  in

(cid:1) 
Negotiating  mandates
for 
readmission
agreements  with  Morocco,
Pakistan,  Sri  Lanka  and
Russia  adopted  by  Council
in  September      2000,  with
Hong  Kong  and  Macao  in
May  2001,  with  Ukraine  in
June 
with
2002 and 
Albania, Algeria, China and
Turkey in November 2002.

(cid:1)
The  Seville  European
Council  (June  2002)  asked
the  conclusion  of
for 
readmission 
agreements
to  be
being  negotiated 
speeded  up  and  for  new
negotiating mandates to be
approved.

Readmission

(cid:1) 
agreement  signed  with  Hong
Kong  on 27  November  2002,
conclusion  and  entry  into
force  scheduled  for  first
half of 2003.

Readmission

(cid:1) 
agreement 
initialled  with
Sri  Lanka  on  30  May  and
Macao on 18 October 2O02.
Under  discussion 
in  the
Council.

(cid:1) 
Negotiations under way
for  readmission  agreements
with  Russia,  Pakistan,  Sri
Lanka,  Morocco,  Macao  and
Ukraine.  Negotiations  with
Albania  to  be  opened  in
May 
text
draft 
2003; 
transmitted to Turkey.

85

A5-0382/02, 19.12.2002.

36

                                                
Development  of  common
minimum  standards  on
repatriation

Council 
Commission 
Member States

/
/

(cid:1)
Council directive.86

Initiative  by  the  French  Presidency  in  July  2000  for  a

(cid:1)
(rejection) in March 2001.87

Parliament 

opinion

(cid:1) 
in May 2001.88

Adopted by  the Council

Council, 

(cid:1)
In  November  2002,  as
the  Seville
requested  by 
European 
the
Council  adopted  a  returns
programme  on  the  basis  of
the 
Commission  Green
Paper  and  a  programme  for
the  return  of  refugees 
to
Afghanistan.

(cid:1)
At  the  end  of  2003  the
Commission  is  planning  to
for  a
present  a  proposal 
minimum
directive 
standards 
return
procedures.

for 

on 

Implementation:
before 2.12.2002

(cid:1)
In  April  2002  the  Commission  presented  a  Green
Paper,89  and  a  communication  adopted  in  October  2002  set
out  its  initial  thinking  on  a  programme  of  action  concerning
returns.90

(cid:1)
the Council.

Work  in  progress  in

Commission  proposal 

(cid:1)
in  February  2003  for  a
Decision  setting  out 
the  criteria  and  practical
arrangements  for  the  compensation  of  the  financial
imbalances resulting from expulsion decisions.91.

(cid:1)
Parliament 
expected in July 2003

opinion

(cid:1)
DE initiative in January 2003 a Council Directive on
assistance  in  cases  of  transit  for  the  purposes  of
removal by air.92.

(cid:1)
Initiative  of  the  Kingdom  of  Spain  with  a  view  to
adopting a Council Directive on the obligation of carriers
to communicate passenger data.94.

(cid:1)
(rejection) in April 2003.93

Parliament 

opinion

86

87

88

89

90

91

92

93

94

Draft directive on the mutual recognition of expulsion orders (OJ C 243, 24.8.2000).
A5- 0065/2001, 13.3.2001.
OJ L 149, 2.6.2001.
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).
Proposal for a Council Decision setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Council Directive 2001/40/EC on the mutual recognition of
decisions on the expulsion of third country nationals (COM(2003)49 du 3.2.2003).
Initiative of the Federal Republic of Germany with a view to adopting a Council Directive on assistance in cases of transit for the purposes of removal by air (OJ C 4, 9.1.2003).
A5-0104/03.
Initiative of the Kingdom of Spain with a view to adopting a Council Directive on the obligation of carriers to communicate passenger data (OJ C 82, 5.4.2003).

37

                                                
3.

A GENUINE EUROPEAN AREA OF JUSTICE

The Tampere priorities:

The aim is to give the general public a shared sense of justice throughout the European Union, seen as a means of facilitating the daily life of persons and the
possibility  of  calling  to  account  those  who  threaten  the  freedom  and  security  of  individuals  and  society.  This  includes  both  better  access  to  justice  and  full
judicial cooperation among Member States.

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

3.1.

Better access to justice in Europe

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

Objective: To ensure legal certainty and equal access to justice

Action needed

Responsibility

Timetable
for
adoption

campaign 

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

Commission

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

An 

(cid:1)
information
campaign  has  been
launched for 2003.

(cid:1)
In  October  2002,  to  improve  users'  information,  the
Commission organised a joint Conference with the Council
of European public information and access to justice;

(cid:1)
been prepared with the Council of Europe

Comparable  information  sheets  on  legal  aid  have

(cid:1)
Practical  initiatives  to  improve  the  familiarity  of
judges  and  the  general  public  with  the  European  Judicial
Network  in  civil  and  commercial  matters  have  also  been
launched.

38

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

 2001

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

(cid:1)
network.95

Commission proposal for a Council decision setting  up  a

(cid:1) 
April 200196

Parliament  opinion  in

(cid:1)
the
  Adopted  by 
Council  at  the  end  of  May
2001.97

Commission  proposal 

(cid:1)
for  a  Council  Regulation
establishing  a  general  framework  for  Community  activities,98
amended in November 2001.99

(cid:1) 
Opinions 
EP 
2001100 
October 
September 2002.101

in
and

(cid:1)
by  the  Council 
2002.102

Regulation  adopted
in  April

Proposal  to  establish  minimum
standards of legal aid

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

April 2004

(cid:1)
Following  presentation  of  its  Green  Paper  in  February
2000,103 the Commission organised a hearing in February 2001
and presented a proposal for a directive on legal aid in January
2002.104

Parliament 
September 2002105

opinion 

in

(cid:1)
The  adoption  of  a  decision  creating  a 
applications transmission form is expected in May 2003.

legal

(cid:1)
Council 
2003106

Adopted  by 
in 

the
February

(cid:1)
The  Network  has
been in  operation  since
1.12.2002.  It  held  its
inaugural  meeting  on
4.12.2002.

Implement
date:

(cid:1) 
ation 
1.12.2002
(Article 2 and 20:
before 1.6.2002)

The 

(cid:1)
website
came on line in March
2003.

(cid:1) 
The
is
Commission 
embarking 
on
preparatory  work  for
the  establishment  of
an  additional  form  for
legal aid applications.

Implementation
:  no  later  than
30.11.04,
Art.
except 
3(2)(a): 30.5.06.

95

96

97

98

99

100

101

102

103

104

105

106

Proposal for a Council Decision establishing a European Judicial Network in civil and commercial matters (COM(2000) 592, 22.9.2000).
A5- 0091/2001, 5.4.2001.
OJ L 174, 27.6.2001.
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- 0339/2001, 15.10.2001.
C5- 0021/2002, 12.3.2002.
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 du 25.9.2002.
OJ L 126, 31.1.2003

39

                                                
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

(cid:1)
Commission  proposal  in  April  2002  for  a  regulation  on
uncontested  claims.107  Preliminary  draft  discussed  with  the
Member  States  in  October  2001.  Commission  amended
proposal presented in May 2003.

(cid:1) 
April 2003108

Parliament opinion  in

(cid:1) 
In June  2003  the
is
Commission 
planning 
to  present
an  amended  proposal
following  the  Opinion
of Parliament

(cid:1)
Commission  Green  Paper  in  December  2002  on  a
European  order  for  payment  procedure  and  on  measures
to simplify and speed up small claims litigation.109

(cid:1)
in the Council

Work  in  progress

(cid:1)
Regarding  alimony  claims,  the  Commission  launched  a
preparatory study in the spring of 2002. In April 2003 it asked
to  negotiate  a  Convention  on
for  authorisation 
maintenance  obligations  at  the  Hague  Conference  on
Private International Law.

In 

for 

2003 

proposal 

(cid:1)
the  second
half  of 
the
Commission is planning
a 
a
Regulation  to  establish
a  European  order  for
payment  procedure,  to
be  followed  in  2004
by  a  proposal 
for
legislation  on  small
claims.

In 

2004 

(cid:1)
the
Commission is planning
to  present  a  Green
Paper  on  maintenance
claims.

Proposal  to  establish  minimum
standards of quality for ADR

Member  States
the
to  set  up 
extra-judicial
procedures

April 2004

(cid:1)
In  May  2000 
alternative dispute resolution.

the  Council  adopted  conclusions  on

(cid:1)
  Work  will  be
to
in  2003 
started 
develop  a  European
plan  for  best  practice
in mediation.

2004 

(cid:1)
the
In 
is
Commission 
planning  to  present  a
proposal 
a
directive  to  promote
mediation.

for 

107

108

109

Proposal for a Council Regulation creating a European enforcement order for uncontested claims (COM(2002)159, 18.4.2002).
A5- 0108/03, 8.4.2003.
Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation (COM(2002) 746, 20.12.2002).

40

                                                
(cid:1)
consumers launched by the Commission in October 2001.110

European  Extra-Judicial  Network 

(EEJ  Net) 

for

(cid:1)
The  Commission  has  launched  the  FIN-NET  for  the
extra-judicial  settlement  of  disputes  in  the  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.

Commission  Green  Paper  on  minimum  quality  standards
presented  in  April  2002.111  The  Commission  organised  a
public hearing on the Green Paper in February 2003.

(cid:1) 
March 2003.112

Parliament opinion  in

(cid:1)
SOLVIT  network  for  the  resolution  of  problems  of  poor
application  of 
rules  by  national
internal  market 
administrations launched by the Commission in July 2002.113114
The  March  2002  Internal  Market  Council  gave  a  favourable
reception to this.115

the 

April 2004

(cid:1)
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.

(cid:1)
establishing a legal aid applications transmission form.

Commission  Decision  expected 

in  May  2003

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

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

(cid:1) 
The proposal for a Regulation on uncontested claims and
the proposal for a Regulation on parental responsibility contain
harmonised forms.

110 
111

112

113

114

115

This network is based on Recommendations 98/257/EEC and 2001/310/EEC.
Green Paper on alternative dispute resolution in civil and commercial law (COM(2002) 196, 19.4.2002).
A5-0058/03, 12.3.2003.
Commission Communication - Effective Problem Solving in the Internal Market ("SOLVIT") (COM(2001)702, 27.11.2001).
OJ L331, 15.12.2001, p. 39.
Doc. 6503/02, 1.3.2002.

41

A  conference 

(cid:1)
is
planned  for  June  2003
in order  to  evaluate  the
the
pilot  phase  of 
The
EEJ-Net. 
Commission  will 
then
present  a  report  to  the
Council  and  Parliament
in  the  third  quarter  of
2003.  The  number  of
systems 
in  FIN-NET
will  be  extended  as  far
as can be.

2003 

(cid:1)
the
In 
is
Commission 
embarking 
on
preparatory  work  for
the  establishment  of
an  additional  form  for
legal aid applications.

(cid:1)
The  proposal  for
a  European  injunction
to  pay  procedure  to  be
presented  in  2003  will
contain 
harmonised
forms.

The 

(cid:1)
European
Judicial  Atlas  (civil),
will  also  contain  all
in
the 
forms  used 
judicial 
cooperation
in civil matters.

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions planned and
progress made

State of play

Transposition

Implementation
deadline:
22.03.02,
22.03.04 
22.03.06,
depending 
the Article.

or

on

First
Commission,
on  Art.  18  of
the  Framework
Decision 
in
June 2003.

Drawing 
standards 
victims

up 
of  minimum
for  protection  of

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

2002

(cid:1) 

Commission Communication presented in July 1999.116

(cid:1)
Decision on the status of victims.117

Initiative  by the Portuguese  Presidency  for  a  Framework

(cid:1) 
December 2000118

EP 

opinion 

in

(cid:1)
Framework  Decision
adopted  by  the  Council  in
March 2001.119

The 

(cid:1)
joint
of
programme 
to
measures 
implement 
the
principle  of  mutual
recognition 
of
decisions  in  criminal
also
matters 
incorporates,  among
parameters,
those 
mechanisms 
to
protect victims' rights

instruments 

Further 
on
approximation  of  compensation
arrangements for victims

2004

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

(cid:1)
Commission  Green  Paper  on  compensation  for  victims
presented  in  September  2001120  and  followed  by  a  public
hearing on 21 March 2002.

(cid:1) 
September 2002121

Parliament opinion  in

(cid:1)
October 2002.122

Commission  proposal for  a  directive  on  compensation  in

(cid:1) 
Parliament 
expected in July 2003

opinion

(cid:1)
the Council

Work  in  progress  in

Examining 
the  possibility  of
recognising  decisions  taken  in
the  interests  of  victims  of  crime

Covered  by  Article 1(b)(iv)  of 

(cid:1)
framework
Decision  on  the  application  of  the  mutual  recognition  principle
to  pecuniary  penalties  and  Council  Regulation  No  44/2001  of

the  draft 

(cid:1)
mutual 
programme 

Included  in  the
recognition
in

116

117

118

119

120

121

122

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).
A5-0309/02 du 24.9.2002
Proposal for a directive - Compensation to crime victims (COM(2002) 562, 16.10.2002).

42

                                                
such 

where 
incorporated 
decisions

decisions 

are
sentencing

into 

22.12.2000 on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters.123

criminal matters.

123

OJ L 12, 16.01.2001.

43

                                                                                                                                                                                                                                                           
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 rights124

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Council 
Commission

and

End 2000

The  mutual  recognition  programme  was  adopted  by  the
Council in November 2000.125 It covers four areas:

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

(cid:1)
3.1.4 above);

for  the  first  area,  pilot  projects  are  being  launched  (see

(cid:1) 

for the second area,

- Commission  working  paper 
recognition of decisions on parental responsibility;126

in  March  2001  on  Mutual

124

125

126

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).

44

                                                
- Commission  proposal in September  2001 for a Regulation  to
complement the Regulation matrimonial matters and in matters
of parental responsibility .127

in  October  2001 

- Commission  proposal 
for  a  decision
authorising  the  Member  States  to  sign  the  Hague  Convention
of  1996128  and  proposal  expected  in  May  2003  for  a
Decision  authorising  the  Member  States  to  ratify  the
Convention.

(cid:1)
Decision  adopted  by
the  Council  in  December
2002.129

- French  Initiative  in  July  2000  for  a  Regulation  on  rights  of
access to children.130

Parliament  opinion  in

(cid:1) 
December 2000.131

- Commission  proposal  in  May  2002  to  merge  the  French
initiative, 
for  a  regulation  of
September 2001 and Regulation (EC) No 1347/2000 (Brussels
II ).132

the  Commission  proposal 

Commission  proposal  in  October  2000  for  a  Council  Decision
on  the  signing  by  the  European  Community  of  the  Council  of
Europe Convention on contact concerning children.134

Parliament 
November 2002.133

opinion 

in

(cid:1)
the Council

Work  in  progress  in

Work  in  progress  in  the
Council

of 

Adoption 

(cid:1)
a
Council  Recommendation
the
authorising 
Commission 
open
negotiations with Denmark
on 
Nos
Regulations 
44/2001 and 1348/2000.

to 

In 

2003 

(cid:1)
the  second
the
half  of 
Commission 
is
planning  to  present  a
decision  authorising
the Community to sign
and 
two
conclude 
agreements  extending
the
Denmark 
to 
of
provisions 
Regulations 
Nos
44/2001 et 1348/2000.

127

128

129

130

131

132

133

134

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).
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).
OJ L 48, 21.2.2003.
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).
A5-0311/2000 du 17.11.2000.
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).
A5-0385/2002.
COM(2002) 520 du 2.10.2002 :

45

                                                
the 

For 

(cid:1)
fourth
area, 
the  Commission
organised  a  conference
in
on 
successions 
the
conjunction  with 
in
Council  of  Europe 
October 
The
results of the study on
matrimonial  property
be
will 
regimes 
available in 2003.

2002. 

In 

of 

2003 

(cid:1)
the  second
half 
the
Commission  is  planning
to present a proposal for
a  regulation  to  establish
a European order to pay
procedure.  In  2004  it  is
planning  to  present  a
legislative proposal on
small claims (cf. supra,
3.1.4.).

Council 

(cid:1)
position 
September 2003.

Common
in

expected 

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

procedure 

legislation 

civil 

Launching  of  work  on 
European Enforcement Order

the

(cid:1)
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. The results  of the  study  on
successions were released at the end of 2002.

(cid:1)
In  December  2002  the  Commission  presented  a
Green Paper  on further harmonisation  of  procedural  rules
relating to  uncontested  and  small  claims  (European  order
to pay) (see above, point 3.1.4).

(cid:1)
measures to implement the principle of mutual recognition.

This  action  has  been  included  in  the  programme  of

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

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

(cid:1)
Commission  proposal  in  April  2002  for  a  regulation  (see
above, point 3.1) to establish a European enforcement order.135

(cid:1) 
April 2003136

Parliament opinion  in

(cid:1)
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 above).

135

136

Proposal for a Council Regulation creating a European enforcement order for uncontested claims (COM(2002)159, 18.4.2002).
A5- 0108/03, 8.4.2003.

46

                                                
As regards criminal matters
Objective: To make sure criminals have no safe havens

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Ratification  of  the  1995  and
1996  EU  Conventions  on
extradition.137138

Member State

April 2001

.

Study  on  abolition  of  formal
procedures
extradition 
concerning  persons 
fleeing
from  justice  after  having  been
sentenced.139

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

End 2001

(cid:1)
in  September  2001 
Framework Decision on the European arrest warrant.140

Commission  proposal 

for  a

(cid:1) 
February 2002.141

Parliament  opinion  in

All 

(cid:1) 
the
Member  States
have  ratified  the
1996 Convention
except I and F.

All 

(cid:1) 
the
Member  States
have  ratified  the
1996 Convention
except I and F.

for

Deadline 
implementation:
31.12.2003

the

(cid:1)
Council in June 2002.142

Adopted 

by 

Providing 
extradition procedures

for 

fast-track

End 2001

Included in the Commission proposal (see above)

(cid:1) 

see above

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

Examine 
extradition 
procedures in absentia

the 
in 

issue 
relation 

April 2004

Included in the Commission proposal (see above)

(cid:1) 

see above

of
to

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

137

138

139

140

141

142

These two measures are included in the EU Plan of Action against terrorism (periodic review).
Following  the  initiative  presented  by  Sweden  (OJ  C  195,  11.7.2001),  Council  Decision  2003/169/JHA  of  27.2.2003  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 L 67, 12.3.2003).
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.

47

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

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

Council 
Commission

/

End 2000

(cid:1) 

Commission Communication in July 2000.143

(cid:1) 
May 2001.144

  Parliament  opinion  in

Commission  Green  Paper 

(cid:1)
in  February  2003  on
procedural  safeguards  for  suspects  and  defendants  in
criminal proceedings throughout the European Union.145

143

144

145

Commission Communication on Mutual recognition of Final Decisions in criminal matters (COM(2000) 495, 28.7.2000).
A5-0145/2001, 17.5.2001.
Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union (COM(2003)75, 19.2.2003).

48

Joint

(cid:1) 
Council/Commission
programme 
November 2000

adopted 

in

other 

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

ways 

2003, 

The  Commission,  by
way  of  complement  to
the  mutual  recognition
programme,  is  planning
to  present,  in  the  first
a
of 
half 
on
communication 
criteria 
for
determining
jurisdiction in  criminal
matters  and 
the
second  half  of  2003,  a
Framework  Decision
on 
procedural
guarantees.

in 

                                                
DK 

initiative 

(cid:1)
the
reinforcement  of  cooperation  between  Member  States  of
the EU as regards disqualification decisions.146

for  a  Council  Decision  on 

Application 
recognition 
orders.147

of 
to 

mutual
pre-trial

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

(cid:1)
EL  initiative  in  February  2003  for  a  Framework
Decision  on  the  application  of  the  “non  bis  in  idem”
principle.

(cid:1)
Initiative  by  F,  B  and  SU  in  February  2001  for  a
Framework Decision on the freezing of assets and evidence.148

(cid:1) 
[rejection] 
2002

Parliament 

opinion
in  December

EP 

(cid:1) 
in
September 2001149 and June
2002.150

Opinions 

(cid:1) 
principle in February 2002

Council  agreement  in

(cid:1)
Formal  adoption  by
after
Council 
parliamentary 
reservations
have been lifted (I, DK, S).151

awaited 

The  Commission 
is
planing  to  present,  in
the  second  half  of
2003,  a  communication
on withdrawals of rights.

(cid:1)
into
Incorporated 
the  joint  programme  for
the  mutual  recognition
of  decisions  in  criminal
matters  (see  measures
6 and 7).

(cid:1) 
The  Commission
is  planning  to  present
a  Framework  Decision
in  June  2003  on  the
documents  and  data
for  use 
in  criminal
proceedings.

is 

(cid:1) 
During the  second
2003,  The
of 
half 
Commission 
also
planning  to  present  a
Green  Paper  on  mutual
and
recognition 
immediate  enforcement
of non-custodial pre-trial
supervision measures,

146

147

148

149

150

151

Council Decision on the reinforcement of cooperation between Member States of the EU as regards disqualification decisions (OJ C 23, 19.9.2002).
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 24.3.2003.

49

                                                
the 

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

and 

the 

and 

feasibility 

of
Study 
extending 
possibly
formalising  the  exchange  of
information 
criminal
records

on 

April 2004

(cid:1)
financial penalties.152

Initiative  by  F,  S  and  UK  for  a  Framework  Decision  on

(cid:1) 
January 2002.153

Parliament  opinion  in

(cid:1)
Agreement 
principle in May 2003.

in

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

(cid:1)
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

(cid:1)
Initiative by Denmark in June 2002 for a  draft framework
decision  on  the  enforcement  of  confiscation  orders  in  the
Union.154

(cid:1) 
November 2002.155

Parliament opinion  in

April 2004

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

in 

Included 

(cid:1)
the
joint  programme  for  the
recognition  of
mutual 
in  criminal
decisions 
matters 
also
(see 
measures  17,  18,  20
and 21)

into 

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

Request  for  criminal
record  included  in  the
Commission  proposal
planned  for  June  2003
for 
Framework
Decision  on  obtaining
and
documents 
information  for  use  in
criminal proceedings.

a 

152

153

154

155

Draft framework decision on the application of the principle of mutual recognition to financial penalties (OJ C 278, 2.10.2001).
A5-0444/2001, 17.1.2002.
Initiative of the Kingdom of Denmark with a view to the adoption of a Council Framework Decision on the execution in the European Union of confiscation orders (OJ C 184, 2.8.2002).
A5-0383/02, 7.11.2002.

50

                                                
3.3.

Greater convergence in civil law

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

Objective: Eliminate obstacles created by disparities in law and procedures

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

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

cases 

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

April 2004

(cid:1) 
Initiative by Germany in September 2000 on the taking of
evidence.156  The  issue  of  procedural  law  is  partly  included  in
the mutual recognition programme.

(cid:1) 
March 2001.157

Parliament  opinion  in

Adopted 

(cid:1)
the
Council  at  the  end  of  May
2001.158

by 

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

to 

Council 
to
prepare a report

End 2001

(cid:1)
In  April  2002  the  Commission  launched  a  preparatory
study  on the  improvement  of  the  enforcement  of  judgments  in
the Member States.159

(cid:1)
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.160 The replies, to be collected
by  15  October  2001,  have  been  summarised  by 
the
Commission and published on its website.161
(cid:1)
Following  the  communication  of  July  2001  and  the
reactions  of  those  concerned  to  this  document,  the
Commission presented a communication in February 2003
entitled  A  more  coherent  European  contract  law;  an
action plan.

(cid:1) 
November 2001.162

Parliament  opinion  in

(cid:1) 
The report provided for
was
by 
Council 
the 
the  Laeken
presented 
European Council.

to 

156

157

158

159

160

OJ C 314, 3.11.2001.
15-0073, 14.3.2001.
OJ L 174, 27.6.2001.
OJ S 67, 5.4.2002.
Communication from the Commission to the Council and the European Parliament on contract law in the Community (COM(2001) 398, 11.7.2001).

51

for

Deadline 
implementation:
1.7.2004 except

Art.19-21 
22:1.7.2001

and

2004 

(cid:1)
the
In 
Commission 
is
planning  to  present  a
Green 
on
improvements  to  the
effectiveness 
of
enforcement
procedures.

Paper 

                                                
Finalising the Brussels and the
Lugano Conventions.163

April 2001

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

(cid:1)
The  diplomatic  conference  with  a  view  to  a  world
convention  on  jurisdiction  and  the  recognition  of  judgments  in
civil  and  commercial  matters  took  place  in  June  2001.  The
Commission launched public consultations  on the  Internet and
organised  a  hearing  in  October  2001  in  the  context  of  the
ongoing negotiations.

Entry  into  force:
1.3.2002

(cid:1)
The  Council  adopted
the  Regulation  replacing  the
in
Brussels  Convention 
December 2000.164

(cid:1)
the
In  May  2001 
Council  adopted  a  decision,
further 
to  a  Commission
proposal,  on  the  launch  of
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
(cid:1)
the
In  March  2002 
Council,  on  a  proposal  from
the  Commission,  adopted  a
new  negotiating  brief  for  a
meeting  to  be  held  in  the
Hague in April 2002.

161

162

163

164

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".
OJ L 12, 16.1.2001.

52

                                                                                                                                                                                                                                                           
Commission 

(cid:1)
a
recommendation  for  a  negotiating  brief  for  an  agreement
between the Community and the Lugano countries.165

in  March 

proposal 

2002 

for 

(cid:1)
In  October  2002  the
a
adopted 
Council 
for  an
negotiating  brief 
agreement 
the
Community  and  the  Lugano
States.

between 

the 

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

law  applicable 

April 2001

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

by 

(cid:1) 
The  negotiations
the
conducted 
Commission 
cannot
be  concluded  before
the  Court  of  Justice
has  given  the  Opinion
the
requested 
the
Council 
question 
of
Community powers.

on 

by 

a 

preliminary 

(cid:1)
the
Following 
public  consultation  on
draft
a 
which
Regulation 
public
included 
hearing 
in  January
2003,  the  Commission
is planning  a proposal
II
for 
Regulation 
the
second half of 2003.

Rome 
in 

a 

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

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

April 2001

(cid:1)
national experts in April 2002.

The  Commission  organised  a  preparatory  meeting  of

(cid:1)
conversion  of 
the  Convention 
instrument and its modernisation.166

Commission  Green  Paper  in  January  2003  on  the
into  a  Community

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

Council 
Commission

/

April 2004

(cid:1)
on national legislation and the position of the Member States.

In  May  2000  the  Council  produced  a  comparative  study

(cid:1)
The  Commission  launched  a  complementary  study  in
2001, the results of  which  will  be  available  in  the  third  quarter
of 2002.

(cid:1) 
The  Commission
will  organise  a  public
hearing 
the
end of 2003..

towards 

(cid:1) 
The  Commission
organised  a  meeting
in  March
of  experts 
2003.

(cid:1)
The  Commission
is  planning  to  present  a
White  Paper  on  the  law
applicable  to  divorce  in
the second half of 2003.

165

166

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).
Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernisation (COM(2002)654, 14.1.2003).

53

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

Council 
Commission

/

April 2004

(cid:1) 
The issue of court jurisdiction and recognition of rulings is
included in the mutual recognition programme (see 3.2 above).

(cid:1)
The  Commission  has  launched  large-scale  preparatory
studies,  and  the  results  of  the  study  on  successions  will  be
available  by  the  end  of  2002.  The  results  of  the  study  on
matrimonial property regimes will be available in 2003.

(cid:1)
In  addition,  the  Commission  is  to  organise  a  conference
on  successions  in  conjunction  with  the  Council  of  Europe  in
October 2002.

2004 

(cid:1)
In 
the
Commission 
is
to  present
planning 
Green  Papers  on  the
property
consequences  of  the
separation  of  married
unmarried
and 
and
couples 
successions 
(cf.
supra, 3.2).

54

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 introduced 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.

55

Objective: To prevent crime through reduction of opportunities

Action needed

Responsibility

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,
Parliament

if 

Actions 
progress made

planned 

and

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

Prevention  of 
organised  crime  of 
economic activities

infiltration  by
lawful

Council 
Commission 
Member States

/
/

(cid:1)
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.167

(cid:1) 
Parliament  opinion  on
the  Hippokrates  programme
in April 2001.169

(cid:1)
Following  the  Council  Resolution  of  December  1998,  the
Commission  and  Europol  presented  jointly,  in  March  2001,  a
report  on  a  European  strategy  on  the  prevention  of  organised
crime.168  The  next  report  will  also  take  prevention  aspects  into
account.

(cid:1)
Council in June 2001.170

Adopted 

by 

the

Deadline 
implementation:

for

31.12.2002

In 

the 

and 

and 

2002 

The Forum on Prevention of
in
Organised  Crime  met 
2001 
and
organised  a  number  of
workshops. 
January
2003,  a  workshop  was
organised  on 
fight
against counterfeiting and
piracy.  Other  workshops
are  planned  on  regional
the
development 
funds,
structural 
money-laundering,
human
trafficking 
of
beings, 
corruption 
public
administrations,  product
proofing,  illicit  trafficking
in  cultural  goods  and
arms, prevention of abuse
of  charities 
finance
terrorism,  conservation  of
communications  data  for
public order purposes.

prevention 
in 

to 

in 

167

168

169

170

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.

56

(cid:1) 
In the second  half  of
2003  the  Commission  is
planning 
to  present  a
follow-up  communication
general
on 
policy
crime-prevention 
(priorities 
five
years ahead).

the 

the 

for 

                                                
Crime proofing

Commission 

The 
is
planning  to  embark  on  a
crime-
legislative 
proofing   exercise  in  2003
and  has  undertaken 
to
present  a  communication
in 
on crime
proofing –  legislative  and
product aspects.

2004 

in 

actions 

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

Council 
Commission 
Member States

/
/

(cid:1) 
Union strategy for the beginning of the new millennium.171

Prevention and control of organised crime: a European

(cid:1)
Commission  Staff  working  paper  in  March  2003  on
implementation  of  the  European  Union  strategy  for  the
beginning of the new millennium.172

171

172

OJ C 124, 3.4.2000
Commission  Staff  working  paper  concerning  measures  to  give  effect  to  the  recommendations  in  “Prevention  and  control  of  organised  crime:  a  European  Union  strategy  for  the  beginning  of  the  new  millennium”
(SEC(2003)378, 21.3.2003).

57

                                                
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 

2001

Council 
/
Commission  /
Member
States

(cid:1) 
Council decision establishing a crime prevention network.173

French and Swedish joint initiative in November 2002 for a

(cid:1) 
March 2001.174

Parliament  opinion  in

(cid:1)
Framework  Decision
adopted  by  the  Council  at
end of May 2001.175

into

Entry 
force:
28.5.2001

A 

and 

conference 

(cid:1)
The  network  met  in
October 
in
2001 
January,  April,  September,
October 
and  December
2002.
(cid:1)
to
establish  an  inventory  of
good  practices  was  held
in  October  2002  (Aalborg
– DK).
(cid:1)
Network’s
website  was  formally  put
into 
in
November 2002.
(cid:1)
subgroup
The 
on Crime 
and
victimisation was  set  up
in September 2002.

operation 

The 

(cid:1)
(Hippokrates programme, see supra).

The  Commission  has  proposed  a  financial  instrument

by 

Adoption 

(cid:1)
the
Council  in  June  2002  of
draft conclusions on the first
annual 
the
report 
European  crime  prevention
network.

on 

Reinforcement  of  cooperation
law
between 
judicial 
enforcement 
and
between  practitioners  in  police
and 
in
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 2000-04.176

Parliament  opinion  in  April
2002

AGIS  programme  adopted
by 
in  July
2002.177

the  Council 

First  annual  exercise  launched
in  December  2002;  projects
received 
in  March  2003;
preselection in progress

into

Entry 
force:
22.7.2002

173

174

175

176

177

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.

58

                                                
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.

Objective: To coordinate and, where appropriate, centralise proceedings

Action needed

Responsibility

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

Actions  planned  and  progress
made

first  step, 

investigative
Set  up 
joint 
to
teams,  as  a 
combat 
in  drugs
trafficking 
and  human  beings  as  well  as
terrorism  -  when  investigating
cross-border crime.178

(cid:1)
Portuguese  Presidency  initiative  in  March  2000  on
anticipating  application  of  Article  13  of  the  Convention  -
discussions on which have been suspended.

(cid:1) 
The Council adopted
the 
Legal
Mutual 
Assistance  Convention  in
May  2000,  Article  13  of
which  provides  for 
joint
teams  to  be  set  up  (see
point 4.2).179

(cid:1)
In  September  2001  Belgium,  France,  Spain  and  the
United  Kingdom  presented  an  initiative  on  a  draft  framework
decision on joint investigation teams.180

(cid:1) 
in November 2001.181

Parliament  opinion

(cid:1)
Council in June 2002.182

Adopted 

by 

the

Transposit
ion

Ratification
by  PT,  DK
and ES.

Deadline
for
implementa
tion:
1.1.2003

(cid:1)
EL initiative presented in January  2003 for a Council
recommendation on a model agreement for setting up joint
investigation teams.

(cid:1)
Council in May 2003.

Adopted  by 

the

178

179

180

181

182

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

59

                                                
Setting up a unit composed of
national 
prosecutors,
magistrates  or  police  officers
of  equivalent  competence  –
EUROJUST.183

the
a

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

End 2001

(cid:1)
Portugal,  France,  Sweden  and  Belgium  have  presented
an  initiative  with  a  view  to  the  adoption  of  a  Council  decision
setting up a Provisional Judicial Cooperation Unit.184

(cid:1)
Portugal,  France,  Sweden  and  Belgium186  and
Germany187  have  presented  initiatives  with  a  view  to  the
adoption of a Council decision setting up Eurojust.

(cid:1) 
EP  Opinions  in  May
2001189  and  November
2001 (reconsultation).190

(cid:1)
communication 
concerning the creation of Eurojust.188

Commission 

in  November 

2000

Provisional
unit  put  in
place
March
2001.

Implementa
no
tion: 
later 
than
6.9.2003.

(cid:1) 
Adoption  by  Council
in  December  2000  of  a
create  a
to 
decision 
provisional  unit in  January
2001.185

Decision

(cid:1) 
Eurojust
establishing 
adopted  by  the  Council  in
February 2002.191

(cid:1) 
Approval  of  Eurodac
Rules  of  Procedure  and
appointment 
its
President  by  the  Council
in June 2002

of 

(cid:1) 
to the Hague.

Removal  of  Eurojust

Pilot 

(cid:1)
stage 
telecommunications 
launched 
continues.

in 

August 

of 
a
network
2001

Implement 
appropriate, 
the 
network.192

and, 

where
further  develop
judicial

European 

April 2001

the
a

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

183

184

185

186

187

188

189

190

191

192

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).
OJ L 324, 21.12.2000.
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).
COM(746) du 22.11.2000:Communication de la Commission concernant la création d'Eurojust.
A5-0153/2001, 17.5.2001.
A5-0398/2001, 29.11.2001.
OJ L 63, 6.3.2002.
This measure is included in the EU Plan of Action against terrorism.

60

                                                
(cid:1)
Included  in  the  joint  mutual
recognition 
for
decisions in criminal matters (see
measure No 12).

programme 

in 

2003, 

(cid:1) 
The  Commission  intends  to
present, 
a
communication  on  jurisdiction  in
the  context  of  mutual  recognition
of  judgments  in  criminal  matters
to  prevent  positive  conflicts  of
jurisdiction 
between
Member States (see supra).

conflicts 

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

the
a

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

April 2004

61

Objective: To provide mutual assistance to the fullest extent possible

Action needed

Responsibility

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

Actions 
progress made

planned 

and

Adoption, 
implementation 
Convention 
Assistance 
Matters.193

ratification 
of 

on 
in 

and
the
Mutual
Criminal

/

April 2001

Council 
Member
States

(cid:1)
Initiative  by  France  for  the  adoption  of  a  Protocol  to
the  Convention  on  judicial  assistance  in  criminal  matters
between 
the  European  Union
(concerning  the  exchange  of  information  on  bank  accounts
and transactions).194

the  Member  States  of 

Convention 

(cid:1)
adopted
by  the  Council  on  29  May
2000.195

Protocol 

(cid:1)
the
Convention  adopted  by  the
Council in October 2001.196

to 

Explanatory 

(cid:1)
report
adopted  by  the  Council  in
October 2002.

Transposition

(cid:1) 
Deadline
for  Member
States 
to
initiate
ratification
procedures:
before
January  2001,
and  July  2002
for 
the
Protocol.197

(cid:1) 
Conventi
on  ratified  by
PT,  DK  and
ES.

The

(cid:1) 
entry 
into
force  and  the
implementatio
the
n 
of 
Protocol 
are
subject  to  the
entry 
into
force  and  the
implementatio
the
of 
n 
Convention.

193

194

195

196

197

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".

62

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

April 2001

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

Arrangements  governing 

(cid:1)
joint
investigation 
teams,  controlled  deliveries  and  covert
investigations  are  governed  by  the  Convention  of  29  May
2000.

interception  and 

(cid:1)
Initiative  by  Belgium,  France,  Spain  and  the  United
Kingdom in September 2001 on  a  draft  framework  decision
on joint investigation teams.198

(cid:1) 
November 2001.199

Parliament  opinion  in

(cid:1)
Council in June 2002.200

Adopted 

by 

the

Implementati
on: 
before
1.1.2003

(cid:1)
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

(cid:1) 
April 2002

Parliament  opinion 

in

(cid:1) 
Agreement of principle
in  the  Council  in  June  2002
(reservations by D/DK/S)

Examine 
harmonised 
protection

the  possibilities 

rules 

on 

for
data

April 2001

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

Draft  Resolution  on 

(cid:1)
the  French
Presidency  (based  on  a  Portuguese  Presidency  initiative
establishing  a  secretariat 
the  Data  Protection
Supervisory Bodies.)201

initiative  of 

the 

for 

(cid:1)
the  Council 
2000.202

Decision  adopted  by
in  October

(cid:1)
transmission of personal data.203

Initiative  by  S  concerning  the  rules  governing  the

(cid:1) 
April 2001.

Parliament  opinion 

in

(cid:1)
the
Council in February 2002.204

Adopted 

by 

Council 

(cid:1)
Decision
authorising  the  Director  of
conduct
Europol 
to 
negotiations 
third
States  and  bodies  not
related 
the  European
Union adopted in December
2001.205

with 

to 

Implementatio
n: 1.3.2002

Implementatio
n: 7.12.2001

198

199

200

201

202

203

204

205

Draft Council Framework Decision on joint investigation teams (OJ C 295, 20.10.2001).
A5-0369/01, 13.11.2001.
OJ C 162, 20.6.2002.
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).
OJ L 271, 24.10.2000.
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 C 76, 27.3.2002.
OJ C 358, 15.12.2001.

63

                                                
Establishment  of  the  European
Judicial Training Network

(cid:1)
setting up a European judicial training network.206

France  has  presented  an  initiative  for  a  Decision

(cid:1) 
September 2002208

Parliament  opinion 

in

(cid:1)
the situation.207

Commission  staff  working  document  taking  stock  of

(cid:1) 
The  Laeken  European
the
confirmed 
Council 
priority 
to
attached 
establishing  a  European
network.209

(cid:1)
  The  network  came
to 
on
consensus 
a 
legal
acquiring 
personality  in  the  form  of
an  association  governed
law  (Act  of
by  Belgian 
1919)  at 
the  General
Meeting 
in  Thessaloniki
(March 2003).

206

207

208

209

OJ C 18, 19.1.2001.
SEC(2002) 635, 13.6.200: Commission staff working paper of the European Judicial Training Network – Stock-taking.
A5-0276/02, 24.9.2002.
Laeken Conclusions, point 43 – 14-15.12.2001.

64

                                                
Objective: To protect rights of victims and provide assistance

Action needed

Responsibility

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

Actions 
progress made

planned 

and

Adopted 

(cid:1)
the
Council  in  March  2001212
(see point 3.1).

by 

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

(cid:1)
The  joint  programme
of  measures  to  implement
the  principle  of  mutual
recognition  of  decisions  in
criminal 
also
incorporates,  among  those
parameters,  mechanisms  to
protect victims' rights

matters 

(cid:1)
First  Commission,
on  implementation  of  the
in
Framework  Decision 
April 2003.

Drawing 
standards

up 

minimum

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

April 2001

(cid:1)
Portuguese  Presidency  initiative  in  August  2001  for
adoption of a framework Decision on the status of victims in
criminal proceedings.210

(cid:1) 
December 2000.211

Parliament  opinion 

in

210

211

212

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.

65

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

Action needed

Responsibility

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

Actions  planned  and
progress made

Establishment  of  a  European
Police Chiefs' Task Force

2001

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

Establishment  of  compatible
criminal  intelligence  systems
among Member States

Council

(cid:1)
DK  initiative  in  July  2002  on  the  common  use  of
liaison  officers  posted  abroad  by  the  law  enforcement
agencies of the Member States.214

(cid:1) 
November 2002.215

Parliament  opinion  in

(cid:1)
Council 
2003.216

Adopted 
in 

by 
the
February

(cid:1) 
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) 
improve
preparation  and  follow-up
of meetings.213

to 

(cid:1)
11
Since 
the
2001, 
September 
of  anti-terrorist
heads 
units  in  Member  States'
intelligence  services  have
been meeting regularly.217

213

214

215

216

217

See also EU Plan of Action against terrorism.
Initiative of the Kingdom of Denmark with a view to adopting a Council Decision on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (OJ C 176, 24.7.2002).
A5-374/02, 20.11.2002.
OJ L 67, 12.3.2003
See also EU Plan of Action against terrorism.

66

                                                
Ongoing

(cid:1) 
examination of the  way in
which  Cepol  will  function:
Council  agreement 
in
February  2002  on  a
provisional  location  of  the
secretariat  (Copenhagen)
and  on  the  financing  of
Temporary
Cepol. 
director designated.

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

2001

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

(cid:1)
of the European Police College.218

Portuguese  Initiative  for  the  provisional  establishment

(cid:1) 
November 2000.219

Parliament  opinion 

in

by 

Adoption 

(cid:1)
the
Council  in  December  2000
of  the  decision  to  set  up,  in
2001,  the  European  Police
College,  CEPOL,  which  has
functioned  as  a  network  of
national 
colleges
police 
since 1 January 2001.220

training  projects  starting 

France,  Germany  and  Sweden  have 

(cid:1)
launched
the
common 
framework  prefiguring 
the
European  Police  College,  with  cofinancing  of  the  OISIN  II
Programme.

in  2001  within 
the  definitive  structure  of 

(cid:1)
Cepol  annual  report
for 2001 adopted by Council
in July 2002.

218

219

220

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.

67

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

Responsibility

Timetable
for
adoption

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

(cid:1)
In November 2001, Germany, France and the Belgian
Presidency  presented  a  proposal  for  a  Protocol  to  the  SID
Convention  concerning 
files  of  customs
officials (FIDE).223

investigation 

State of progress
Progress in the Council and,
if appropriate, Parliament

(cid:1) 
2002.224

EP opinion in December

if 

Adoption by the Council
and, 
appropriate,
Parliament
(cid:1)
the  Council 
2003.

To  be  adopted  by
in  April

Actions 
progress made

planned 

and

(cid:1)
A  guide  for  applying  the
provisions  of  the  Naples 
II
Convention will be prepared at
the start of 2003.

Implementation  of 
the  CIS
(Customs Information System)
Convention  of  26.7.1995221
and  the  Naples  II  Convention
of 19.12.1997.222

Member State

Ongoing

strengthen 

To 
enforcement 
against smuggling

law
cooperation

(cid:1)
paper for a Union strategy against smuggling.

In  the  second  half  of  2001,  Italy  submitted  a  working

(cid:1)  Work  currently  under
way.

The  Commission 
to  present 

(cid:1)
is
a
planning 
communication 
the
second  half  of  2003  on
improving 
cooperation
between police and customs
services in the Union.

in 

Transposition

has 

CIS  Convention
ratified  by  all
Member  States
except B and D.
The  agreement
on 
the
provisional  entry
into  force  of  the
Convention225
has  been  ratified
by 
the
all 
Member  States
except  B  and  D.
It 
been
applied  among
those  Member
which
States 
have 
it
since  November
2000.
Naples 
Convention
by
ratified 
Greece,  Spain,
France, Sweden,
Netherlands,
Luxembourg,
UK, 
Denmark 
Germany.
Several  of  these
Member  States
have  agreed  to
apply  it  between
themselves.

Ireland,
and

ratified 

II

221

222

223

224

225

OJ C 316, 27.11.1995, p. 34.
OJ C 24, 23.1.1998.
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 328, 23.11.2001).
A5-0450/02, 18.12.2002.
OJ C 316, 27.11.1995, p. 58.

68

                                                
Objective: To foster international cooperation in the fight against transnational organised crime

to 

present 
concluding 
its 
and 

(cid:1)
In  the  second  half  of
is
the  Commission 
2003 
an
planning 
the
instrument 
two
Convention 
in
Protocols 
human 
and
migrants),  and  will  present  a
proposition 
for  a  Council
decision  when  it  has  the  texts
in all the official languages.

(trafficking 
beings 

(cid:1)
Council 
2002.

Adoption 

by 
the
in  September

(cid:1)
third
Second  and 
common  positions  on
negotiations  in  the  United
a 
Nations 
UN
for 
Convention 
against
corruption  adopted  by
Council 
in  June  and
September 2002.

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

UN Convention on corruption.

Council 
/
Commission  /
Member
States

(cid:1)
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.

(cid:1)
Commission for the European Community (cf. Point 8).

United  Nations  Protocol  on  firearms  signed  by  the

(cid:1)
(see point 8).

Union  participation  in  the  preparatory  work  of  the  UN

(cid:1) 
In April 2002 the Commission presented a proposal for
a Commission negotiating brief for a UN Convention against
corruption.226

(cid:1)
Danish  initiative  relating  to  a  third  common  position
project  concerning 
the  United
Nations for the development of the convention of the United
Nations against corruption

the  negotiations  within 

226

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

69

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

Action needed

Responsibility

Timetable
for
adoption

State of progress

Transposition

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 

Actions 
progress made

planned 

and

to 

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

Council,  on  the
basis 
an
initiative  by  a
Member State

of 

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

Europol 
Council

/

(cid:1)
Convention.227

Portuguese  initiative  in  July  2000to  amend  the  Europol

(cid:1) 
in November 2000.228

Parliament  opinion

of 

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

Appropriate
decision 
Council needed

by

April  2004,
without
delay 
certain
areas

for

(cid:1) 
First step - adoption by the Council in November 2000 of
a  recommendation  concerning  support  by  Europol  for  joint
investigative teams.230

(cid:1)
Council 
2000.229

Adopted 

the
by 
in  November

Ratification:  F,  P,
ES, EL, S and D

(cid:1) 
Europol is exploring  with
the  Member  States 
the
possibilities  of  setting  up  a
system.

227

228

229

230

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).

70

                                                
(cid:1)
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.231

(cid:1) 
[rejection] in May 2002

Parliament  opinion

(cid:1)
by 
Adopted 
Council in June 2002

the

To  provide  Europol  with  the
support and means necessary
for its work

(cid:1)
proposal for a decision  presented by  the Commission in
September 2002, concerning the financing  of certain activities
of  Europol  within 
fight  against
terrorism.232

framework  of 

the 

the 

(cid:1) 
regulations of Europol.233

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

(cid:1) 
in December 2002.

Parliament  Opinion

(cid:1) 
In  December  2002,
the  Council  decided  not
to adopt the proposal.

(cid:1)
the
Agreement  by 
Council  in  October  2002
the  procedure  of
on 
selection 
the
of 
management  of  Europol.
Adopted 
in  December
2002.234

(cid:1)
regulations of Europol.235

Danish  initiative  in  November  2002  modifying  the  staff

(cid:1) 
in April 2003.236

Parliament opinion

April 2004

the
Council  on 
basis 
an
initiative  by  a
Member State

of 

(cid:1) 
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 

(cid:1)
above).

Initiative  by  Belgium  and  Spain  in  January  2002  (see

(cid:1) 

See above.

to  ask 

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

investigating 

specific 

231

232

233

234

235

236

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).
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 (COM(2002)439 - 31.7.2002).
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 24, 31.1.2003.
OJ C 286- 22.11.2002: Initiative of Denmark concerning the adoption of an act of Council modifying the staff regulations of Europol.
A5-0107/03, 9.4.2003.

71

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

Council 
Commission

/

(cid:1)
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.237

(cid:1) 
in November 2001.238

Parliament  opinion

(cid:1)
Council 
2001.239

Adopted 

the
by 
in  December

Deadline 
implementation:
1.1.2002.

for

cover new competences

(cid:1)
The  initiative  by  Belgium  and  Spain  mentioned  above
includes  a  proposal  to  simplify  the  procedures  for  amending
the Europol Convention.240

(cid:1) 
[rejection] in May 2002

Parliament  opinion

(cid:1)
by 
Adopted 
Council in June 2002

the

(cid:1) 
to the Europol Convention (see point 4.4).241

Initiative by Denmark in July 2002 for many amendments

(cid:1) 
in April 2003242

Parliament opinion

Agreement 

(cid:1)
of
principle  in  the  Council
2002
in 
(reservations 
by
DK/UK/FR)

December 

EP

on 

(cid:1) 
Recommendation  in  May
2002 
future
development  of  Europol
and  its  full  integration  in
institutional
the 
system.

EU 

the 

deal  with 
the  question  of
democratic and judicial control

(cid:1)
Commission  Communication 
concerning democratic control of Europol.243

in  February 

2002

237

238

239

240

241

242

243

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.
A5-0370, 24.10.2001.
OJ C 362, 18.12.2001.
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).
A5-0391/03, 10.4.2003.
Communication from the Commission to the European Parliament and the Council - Democratic Control over Europol (COM(2002) 95, 26.2.2002).

72

                                                
4.3.

Fight against certain specific 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.

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

To  examine 
the  general
coherence  of  the  actions  of
approximation 
criminal
matters

in 

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

Commission  communication  on 
criminal penalties [May 2003].

the  approximation  of

(cid:1)
The  Commission
is  planning  to  present  a
Green  Paper  on  the
approximation 
of
criminal  penalties  at
the  beginning  of  the
first half of 2003, and a
draft 
framework
Decision  at  the  end  of
2003.

Criminalisation  of  trafficking  in
human  beings  and  sexual
exploitation  of  children,244  with
particular  reference  to  child
pornography on the Internet245

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

(cid:1)
proposals for framework decisions on:

In  December  2000 

the  Commission  presented 

two

for

Deadline 
implementation:
1.8.2004

(cid:1) 

the fight against trafficking in human beings; and

(cid:1) 
June 2001.246

Parliament  opinion  in

(cid:1)
Adopted 
Council in July 2002.247

by 

the

244

245

246

247

See also table on “Management of migration flows”.
See also table on "Mutual recognition of judicial decisions".
A5-0206/2001, 12.6.2001.
OJ L 203, 1.9.2002.

73

                                                
(cid:1)

the  fight  against  the  sexual  exploitation  of  children
and child pornography.248

(cid:1) 
principle in October 2002.

Council  agreement  in

(cid:1) 
October 2002249

Parliament  opinion  in

(cid:1)
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.250

(cid:1)
on trafficking human beings.251

Commission  Decision  setting  up  a  consultative  group

(cid:1)
Formal  adoption  by
Council  after  parliamentary
reservations have been lifted
(S, NL, DK)

(cid:1)
the Council

Work  in  progress  in

Council  adoption  in  May
the  Brussels
2003  of 
Declaration  on  prevention
of 
in  human
beings  and  combating  the
phenomenon.

trafficking 

Common  definitions,  charges
and  penalties252  in  the  field  of
drug trafficking.253

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

(cid:1) 
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 2001.254

(cid:1) 
April 2002255

Parliament  opinion  in

The 
Laeken  European
Council  asked  that  this
Framework  Decision  be
adopted by the end of May
2002.  Work  continues  in
the Council.

248

249

250

251

252

253

254

255

Proposal for a Framework Decision on combating sexual exploitation of children and child pornography (COM(2000) 854, 21.12.2000).
A5-0397/02, 5.12.2002.
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).
Commission Decision setting up a consultative committee, to be known as experts group on trafficking human beings (C(2003)827, 25.3.2003).
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.

74

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

Council

April 2001

(cid:1) 
January 2000.256

Denmark presented an initiative for a framework decision in

(cid:1) 
April 2002257

Parliament  opinion  in

(cid:1)
Framework  Decision
adopted  by  the  Council  in
January 2003.258

(cid:1)
Commission  proposal  for  a  Directive  in  March  2001.260
Amended proposal presented on 30 September 2002 in response
to EP opinion .261

(cid:1) 
April 2002264

Parliament  opinion  in

(cid:1)
Proposal  (March  2003)  for  a  directive  on  ship-source
pollution  and  on  the  introduction  of  sanctions,  including
criminal  sanctions,  for  pollution  offences262  and  proposal
(May  2003)  for  a  Framework  Decision  to  strengthen  the
criminal-law  framework  for  enforcement  of  the  law  against
ship-source pollution.263

(cid:1)
in 
the
Action 
Court 
Justice:
of 
Commission  Decision
of  24.3.2003  to  take
action 
the
Council  of  the  EU  to
review  the  legality  of
the 
Framework
Decision.259

against 

Proposal  on  common  charges
for hooliganism

the
Council  on 
basis 
an
initiative  by  a
Member State

of 

(cid:1)
financed  a  project  evaluating
cooperation between the relevant departments during Euro 2000.

The  Oisin  programme 

Entry  into  force:
day 
following
publication

(cid:1) 
on safety at international football matches.265

The Belgian Presidency presented a proposal for a decision

(cid:1) 
April 2002266

Parliament  opinion  in

(cid:1)
Adoption 
Council in April 2002.267

by 

the

256

257

258

259

260

261

262

263

264

265

266

267

Initiative of the Kingdom of Denmark with a view to adopting a Council framework Decision on combating serious environmental crime (OJ C 39, 11.2.2000).
A5-0080/02, 8.4.2002.
OJ L 29, 5.2.2003
C/2003/834, 24.3.2003.
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, 13.3.2001).
COM(2003) 92, 5.3.2003.
COM(2003) 227, 2.5.2003.
A5-0099/02, 8.4.2002.
Enfopol 103 – 26.9.2001.
A5-0047/02, 9.4.2002.
OJ L 121, 8.5.2002

75

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

(framework decision).

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

April 2004

(cid:1)
for a Council framework decision on racism and xenophobia.268

In  November  2001  the  Commission  presented  a  proposal

(cid:1) 
July 2002269

Parliament  opinion  in

(cid:1)  Work  in  progress  in
the Council.

(cid:1) 
Semitism and xenophobia adopted in April 2002.

Council  conclusions  on  the  fight  against  racism,  anti-

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

(cid:1) 
safer information society.270

Commission Communication in January 2001 on creating a

(cid:1) 
September 2001271

Parliament  opinion  in

in 

preventing 

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

(cid:1) 
Commission Communication and proposal for a Framework
Decision presented in March 2002 on safer use of the Internet.273

(cid:1)
Decision on attacks against information systems.276

Commission  proposal  in  April  2002  for  a  Framework

EP 

(cid:1) 
in
October  2002274  and  March
2003275

Opinions 

adopted 

In  June  2001 

(cid:1)
the
Council 
a
recommendation  on  contact
to  combat  crime
points 
linked 
technology
to  high 
and cybercrime.272

The 

(cid:1)
European
Forum  on  cybercrime
has  been  set  up.  The
first  plenary  meeting  of
the  Forum  was  held  at
the  end  of  November
2001.

(cid:1)
the Council.

Work  in  progress  in

Adoption 

(cid:1)
the
Council  expected  in  May
2003

by 

268

269

270

271

272

273

274

275

276

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).
A5-0284/2001, 6.9.2001.
OJ C 187, 25.6.2001.
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).
A5-328/02, 2.10.2002.
A5-0029/03, 11.3.2003.
This measure is included in the EU Plan of Action against terrorism (COM(2002)173, 19.4.2002).

76

                                                
(cid:1)
In  June  2003  the
Commission 
is
planning  to  present  a
Framework  Decision
on  documents  and
information  for  use  in
criminal proceedings.

(cid:1)
principle 
2002.

Agreement 

of
in  December

Common  definitions,  charges
and  penalties  in  the  field  of
corruption

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

(cid:1)
combating corruption in the private sector.277

Initiative by Denmark for a Council Framework Decision on

(cid:1) 
November 2002

Parliament 

opinion

(cid:1)
against corruption in May 2003.

Commission  communication  on  a  common  policy

277

OJ C 184, 2.8.2002.

77

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Criminalisation  of 
non-cash means of payment

fraud 

to

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

April 2001

(cid:1)
September 1999.278

Commission  proposal 

for  a  Framework  Decision 

in

(cid:1) 
July 2000.279

Parliament  opinion  in

(cid:1)
in May 2001.280

Adopted  by  the  Council

(cid:1)
the Plan are in hand.

The  11  actions  in

(cid:1)
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  penalties  as 
regards
counterfeiting of the euro

Council/Commis
sion/  Member
States.

April 2001

(cid:1)
Decision on criminal penalties.281

Initiative  by  Germany  in  November  1999  for  a  Framework

(cid:1) 
Council in May 2000.282

Decision adopted by the

(cid:1)
amending the framework decision of May 2000.284

Swedish initiative in August 2001 for a framework decision

(cid:1) 
October 2001.

Parliament 

opinion

(cid:1) 
Council in May 2001.285

Decision adopted by the

2001 

(cid:1) 
Adoption by  the  Council
in 
the
June 
the
regulations 
measures  needed  to  protect
the 
from
euro 
counterfeiting.283

of 
defining 

(cid:1)
In  July  2003  the
Commission  plans 
to
present  a  second  report
on  the  implementation
of 
framework
decision.

the 

(cid:1)
Decision on protection of the euro against counterfeiting.286

Initiative  by  France  in  March  2001  for  a  Framework

(cid:1) 
Council 
2001.287

Decision adopted by the
September

in 

Implementation
deadline:
2.6.2003.

In 
the
2004 
Commission  will
present  a  report
on
implementation.

Entry  into  force
of 
two
the 
framework
decisions 
the 
date 
publication

and
decision:
of

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

under
the

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

for
Deadline 
transposal 
of
2nd  Framework
Decision

278

279

280

281

282

283

284

285

286

287

78

                                                
(cid:1)
Recommendation  on  protection  of 
counterfeiting.

Initiative  by  the  Greek  and  German  Presidencies  for  a
the  euro  against

April 2001

(cid:1)
Decision.288

Initiative  by  Germany  in  March  1999  for  a  Framework

Criminalisation  of 
public tender

fraud 

in

the
Council  on 
basis 
an
initiative  by  a
Member State

of 

EP  and  Council
on  the  basis  of
Commission
initiatives

(cid:1) 
(rejection) in June 2001.289

Parliament 

opinion

(cid:1) 
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, 
organisation,
in 
money-laundering  or  fraud  against  the  Community's  financial
interests).290 amended proposal in May 2002.291

participation 

criminal 

a 

(cid:1) 
2002.

EP 

first 

reading 

in

(cid:1) 
scheduled for July 2003

EP  second  reading

Common 

(cid:1)
position
adopted  by  the  Council  in
March 2003.

the 

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

Council  and  EP,
on the basis of a
Commission
proposal

(cid:1) 
strategy in June 2000.

Commission communication on an overall fraud prevention

(cid:1) 

The 2001-03 Action Plan presented in May 2001.

(cid:1)
Commission  proposal  in  May  2001  for  an  EP  and  Council
directive,292  amended  in  October  2002  in  response  to  EP
opinion.293

In 

for 

2003 

(cid:1)
the  second
the
half  of 
Commission 
is
planning  to  present  a
proposal 
a
Regulation  on  mutual
the
assistance  and 
exchange 
of
information  between
Member States
the 
and  the  Commission
as  regards  fraud  and
money-laundering.

288

289

290

291

292

293

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).
A5-0184/02, 24.5.2002.
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).
Amended proposal for a European Parliament and Council Directive concerning the coordination of procedures for the award of public .supply contracts, public service contracts and public works contracts (COM(2002)236,
6.5.2002).
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).

79

                                                
(cid:1)
Commission Green Paper on the protection under criminal
law of the Communities' financial interests and the establishment
of  a  European  Public  Prosecutor294  and  follow-up  report
presented in March 2003295.

EP 

(cid:1) 
November 
March 2003.

Opinions 
2001297 

in
and

Common  definitions,  charges
and  penalties 
for  offences
linked with terrorism298299

Council,  on  a
Commission
proposal

(cid:1)
April 2003 on the activities of OLAF.296.

Evaluation  report  presented  by  the  Commission  in

(cid:1)
Commission  proposal  in  September  2001  for  a  Council
framework  decision  on  terrorism300  (see  also  the  proposal  for  a
Council framework decision on the European arrest warrant and
the surrender procedures between the Member States).

resolution 

Parliament 

(cid:1) 
own
initiative 
in
September 2001 on the role
of  the  Union  in  the  fight
against terrorism301

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

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

EP  Opinions  in  November
2001  and  February  2002
(reconsultation).302

(cid:1)
in June 2002.

Adopted  by  the  Council

Implementation
deadline:
31.12.02.

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

294

295

296

297

298

299

300

301

302

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).
Green Paper on the criminal law protection of the financial interests of the Community and the establishment of a European Public Prosecutor (COM(2003) 128, 19.3.2003).
Evaluation of the activities of the European Anti-Fraud Office - Parliament and Council Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/1999 (Article 15)
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.

80

                                                
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.

Objective: to deprive criminals of the proceeds of crime

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Convention 
(Framework
Decision)  on  financial  crime
and money-laundering.303

Council,  on 
basis 
initiative 
France

of 

the
an
by

(cid:1)
Framework Decision.304

Initiative  by  France  in  August  2000  for  a  Council

(cid:1) 
November 2000.305

Parliament  opinion  in

(cid:1)
Council in June 2001.306

Adopted 

by 

the

(cid:1)
In  June  2003  the
Commission  is  planning
to 
a
present 
communication
evaluating 
third-pillar
action  against  financial
crime.

Implementation
deadline:
31.12.02.

303

304

305

306

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).
PE.297.757.
OJ L 182, 5.7.2001.

81

                                                
(cid:1)
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.307

(cid:1) 
November 2001.308

Parliament  opinion  in

(cid:1) 
Decision on confiscation.310

Danish initiative in August 2002 for a Council Framework

(cid:1) 
April 2002.

Parliament  opinion  in

(cid:1) 
Agreed 
the 
by 
December 2002.

in  principle
in
Council 

Concrete  steps 
trace,
freeze,  seize  and  confiscate
the proceeds of crime311

to 

(cid:1)
2001, an initiative on the freezing of assets and evidence.312

France,  Belgium  and  Sweden  presented,  in  February

EP 

(cid:1) 
in
September  2001  and  June
2002.313

Opinions 

by 

the 

joint
Adoption 
ECOFIN/JAI  Council 
in
October 2001 of the protocol
to  the  convention  on  mutual
assistance in judicial matters
of  29  May  2000  in  the  fight
against  crime,  in  particular
crime,
organised 
and
money-laundering 
financial  crime 
(cf.  point
4.2).309

(cid:1)
Formal  adoption  by
the 
once
Council 
reservations  have  been
lifted (IRL/NL/S/UK)

(cid:1) 
Formal adoption by the
Council  once  the  remaining
parliamentary 
reservations
have  been  lifted  (I,  DK,  S,
IRL, NL).

(cid:1)
decision on the enforcement of confiscation orders.314

Initiative by Denmark in June 2002 for a  draft framework

(cid:1) 
Agreed  in  principle  by
the Council in February 2002

(cid:1) 
November 2002.315

Parliament  opinion  in

307

308

309

310

311

312

313

314

315

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).
PE.297.757.
OJ C 326, 21.11.2001.
Initiative for a Council Framework Decision on Confiscation of Crime-related Proceeds, Instrumentalities and Property (OJ C 184, 2.8.2002, p. 3).
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).
A5-0172/02, 16.5.2002.
Draft Council Framework Decision on the execution of confiscation orders in the European Union (OJ C 184, 2.8.2002, p. 8).
A5-0383/02, 20.11.2002.

82

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Member States

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

Implement fully  the provisions
the  Money-laundering
of 
Directive, 
1990
the 
Strasbourg  Convention  and
the  Financial  Action  Task
Force 
recommendations,
including implementation in all
dependent territories

(See  also  the  first  part  of
joint
measure  19  of 
the  mutual
programme  on 
recognition 
criminal
convictions)

the 

of 

To  adopt  the  draft  directive
amending 
the
Money-laundering Directive316

Council 
Parliament

and

As  soon  as
possible

(cid:1) 
April 2001.

Parliament  opinion  in

rapid  exchange  of
More 
the
between 
information 
existing  financial  intelligence
units  (FIUs),  entitling  judicial
authorities  and  FIU to  receive
information 
of
secrecy provisions.318

regardless 

Council,  on 
basis 
initiative 
Finland

of 

the
an
by

Council/

Commission/

Member States

(cid:1)
Initiative  by  Finland  for  a  Decision  on  cooperation
between  financial  intelligence  units  in  the  Member  States  for
the exchange of information.

(cid:1)
Conclusions  of  the  joint  Ecofin/JAI  Council  in  October
2001  asking  the  Member  States  to  strengthen  the  existing
arrangements  and  to  consider  the  possibility  of  devising  an
automatic  system  for  the  exchange  of  relevant  financial
information  and  asking  the  Commission  to  consider  the
possibilities  for  Community  financing  for  such  an  automatic
information system

All  the  Member
have
States 
ratified 
the
Strasbourg
Convention.

Implementation
deadline: 15.6.03

Adoption 

(cid:1)
the
Council  and  Parliament  in
December 2001.317

by 

(cid:1)
the  Council 
2000.319

Decision  adopted  by
in  October

(cid:1)  Work on FIU-NET
continues.

Entry  into  force:
17.10.2000

The  Commission 
is
willing  to  contribute  to
financing it.

316

317

318

319

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.

83

                                                
Community 
rules  must  be
drawn  up  to  prevent  use  of
and
non-EU 
organisations  to  launder  the
proceeds of crime.320

companies 

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

Commission/

Council/

Member States

Commission

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

Commission 
initiate study

to

December
2003

Ensure  the  transparency  of
financial 
by
electronic means

transactions 

Council 
Commission

/

December
2001

(cid:1) 
Conclusions adopted by the Joint Council (Economic and
Financial  Affairs,  Justice  and  Home  Affairs)  in  October  2000
called on the Commission to produce a report.321

(cid:1)
The  Commission
is exploring  possibilities
for priority measures.

(cid:1)
plans 
report imminently.

The  Commission
to  present  a

(cid:1)
Conclusions  adopted
joint  JAI/ECOFIN
by 
the 
Council 
in  October  2001
called  on  the  Commission
and  the  Member  States  to
determine 
and
priorities 
measures to be taken.

proposal 

(cid:1) 
In the second half
of 
the
2003 
Commission is planning
a 
a
framework  decision  to
combat
money-laundering
through  payments 
cash.

for 

in

to 

the  competence  of
Extend 
cover
Europol 
money-laundering  in  general,
regardless of the offence from
which 
proceeds
originate322

the 

the
a

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

(cid:1)
Europol Convention (see above).323

Portuguese  initiative  in  July  2000  for  amendment  to  the

(cid:1) 
November 2000.

Parliament  opinion  in

(cid:1)
the  Council 
2000.324

Protocol  adopted  by
in  November

Ratification:  F,  P,
ES, GR, S and D

(cid:1)
Europol Convention (see point 4.2).325

Danish  initiative  in  July  2002  for  amendment  to  the

(cid:1) 
April 2003326

Parliament opinion  in

320

321

322

323

324

325

326

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
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).
OJ C 358, 13.12.2000.
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).
A5-0391, 10.4.2003.

84

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

Council 
Commission 
Member States

/
/

international  action
to  off-shore

regard 

Support 
with 
countries.

The 

(cid:1)
Joint  Council
(Economic  and  Financial
Affairs,  Justice  and  Home
Affairs)  adopted  conclusions
in  October 
on
immediate  and  coordinated
implementation 
of  FATF
counter-measures.

2000 

(cid:1)
the
Conclusions  of 
joint  JHA/Ecofin  Council  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.327

held 

of 

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

December
2001

Examine possibilities:

Commission

July 2001

provisions 

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

adopt 

to 

The 

(cid:1)
Joint  Council
(JHA/Ecofin) 
adopted
conclusions in  October  2000
envisaging  that  agreements
could  be  concluded  in  the
long term.

(cid:1)
In line with the Joint Council  (JHA/Ecofin) conclusions of
October  2000,  the  Commission  is  examining  the  usefulness
and feasibility of a European instrument.

(cid:1) 
Preliminary report by the Commission on the surveillance
of  cross-border  cash  flows  presented  at  the  joint  ECOFIN/JAI
Council in October 2001.

(cid:1)
in June 2002.328

Commission report and proposal for a Council regulation

(cid:1) 
May 2003329

Parliament opinion  in

327

328

329

This measure is included in the EU Plan of Action against terrorism.
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).
A5-0073/03.

85

In 

2003 

(cid:1)
the  second
the
half  of 
Commission 
is
planning  to  present  a
communication 
on
measures  to  combat
of
financing 
the 
a
and 
terrorism 
a
proposal 
for 
the
decision 
of
exchange 
information 
on
terrorism.

on 

                                                
5.

POLICY ON INTERNAL AND EXTERNAL BORDERS; VISAS; IMPLEMENTATION OF ARTICLE 62 OF THE EC TREATY; CONVERTING THE SCHENGEN
ACQUIS

Objective: to develop a common visa policy

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Commission 
Council

/

April 2001

(cid:1)
January 2000.330

  Commission  proposal  for  a  Council  Regulation  in

(cid:1) 
July 2000.

Parliament  opinion  in

(cid:1)
Council in March 2001.331

Adopted 

by 

the

Entry  into  force:
10/4/2001.

on 
nationals 

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

(cid:1)
Commission presented a report on Romania.

In  accordance  with  Article  8  of  the  Regulation,  the

(cid:1)
Commission  proposal  In  October  2001  for  a  Council
regulation  amending  Regulation  No  539/2001,332  amended  in
November 2002.333

EP 

(cid:1) 
November 
February 2003335

Opinions 
2001334 

in
and

(cid:1)
Council 
2001.336

Adopted 
in 

by 
the
December

(cid:1)
Council in March 2003.337

Adopted 

by 

the

(cid:1)
In  June  2003  the
Commission 
is
planning  to  present  a
the
report 
of
implications 
reciprocity 
visa
matters.

on 

in 

Entry 
force: 1.6.2003

into

Entry  into  force:
24.4.2001

Procedure  and  conditions  for
issuing  visas  by  Member
States

Commission 
Council 
Member States

/
/

April 2003

(cid:1)
implementing the common consular instruction.338

Initiative  by  Finland  in  June  2000  on  measures  for

(cid:1) 
opinion
(rejection) in March 2001.339

Parliament 

(cid:1)
Regulation 
789/2001  adopted  by 
Council in April 2001.340

No
the

330

331

332

333

334

335

336

337

338

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 (OJ C 177, 27.6.2000, p. 66).
OJ L 81, 21.3.2001.
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.
A5-0005/03, 11.2.2003.
OJ L 327, 12.12.2001.
OJ L 69, 13.3.2003.
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).

86

                                                
(cid:1)
conditions applied by the Member States.

French  initiative  for  a  Council  decision  on  the  visa

(cid:1)
Belgian  initiative  relating  to  the  amendment  of  Part  VII
and Annex 12 to the common consular instruction (visa rights).

(cid:1) 
Belgian initiative relating to the amendment of Part III and
Annex  16  to  the  common  consular  instruction  (uniform  visa
application form).

(cid:1)
the Council in April 2001.341

Decision  adopted  by

(cid:1)
Decision  2002/44/EC
adopted  by  the  Council  in
December 2001.342

(cid:1)
the Council in April 2002.343

Decision  adopted  by

Implementation:
27.4.2001

Implementation:
no 
than
later 
from 1.7.2004.

Implementation:
from 1.7.2003

Commission  proposal 

(cid:1)
for  a
Regulation  establishing  a  specific  Facilitated  Transit
Documents  FTD  and  FRTD  and  amending  the  Common
Consular Instructions  and  the  Common  Manual,  and  for  a
Regulation on uniform formats for FTD and FRTD.344

in  February  2003 

(cid:1) 
April 2003345

Parliament opinion  in

(cid:1)
by 
Adoption 
Council in April 2003.

the

(cid:1) 
Before the end of
the  first  half  of  2003
the  Commission 
is
planning  to  present  a
proposal 
a
financial  Decision  to
offset 
the  additional
costs  for  Lithuania  of
implementing 
the
FTD/FRTD.

for 

(cid:1)
visas for sailors.346

Proposal  for  a  Council  Decision  on  collective  transit

(cid:1) 
February 2003.347

Parliament opinion  in

(cid:1)
Council 
2003.348

Adopted 
in 

by 
the
February

Commission  proposition  in  April  2003  for  a  regulation  to
facilitate the issuance of visas to the Olympic family349

339

340

341

342

343

344

345

346

347

348

349

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 C 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).
OJ L 123, 9.5.2002, p. 50.
Proposal for a Council Regulation establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual and
Proposal for a Council Regulation on uniform formats for Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No.... (COM(2003) 60, 5.2.2003).
A5-0075/03.
Initiative of the Kingdom of Spain with a view to adopting a Council Regulation on the issue of visas at the border, including the issue of such visas to seamen in transit (OJ C 139, 12.6.2002, p. 6).
A5-0006/03, 11.2.2003.
OJ L 64, 7.3.2003.
Proposal for a Council Regulation relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic and/or Paralympic Games in
Athens (COM(2003) 172, 8.4.2003).

87

                                                                                                                                                                                                                                                           
Rules on a uniform visa

Commission 
Council 
Member States

/
/

April 2001

(cid:1)
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 
the
technical  specifications  of  the
uniform format for visas

Commission/

Council

term

Short 
measures
2000-2002  -
long 
term
measures
2004

(cid:1)
regulation amending Regulation No 1683/95.350

Commission  proposal  in  October  2001  for  a  Council

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

to 

Commission 
Council 
Member States

/
/

2001

(cid:1) 

Commission proposal for a Regulation in March 2001.353

Proposal  for  a  regulation  on
an airport transit visa

Commission 
Council 
Member States

/
/

April 2001

Measures to set up a common
system for identifying visas356

Council 
Member States

/

Short-term
action

(cid:1)
Oral  presentation  of  the  Commission  report  in  May
2003  on  the  feasibility  study  launched  in  September  2002
on a visa identification system.

term

Long 
measures
2005-2006

(cid:1) 
December 2001351

EP 

opinion 

(cid:1) 
December 2001354

EP 

opinion 

in

(cid:1) 
adopted by the Council.352

Regulation No 1683/95

in

(cid:1)
(EC)  No
Regulation 
333/2002  adopted  by 
the
Council in February 2002.355

Entry  into  force:
24.2.2002

of

its

Adoption 
specifications
required 
for 
application
3.6.2002

Entry  into  force:
23.2.2002

of

its

Adoption 
specifications
required 
for 
application
12.8.2002

Airport 

(cid:1)
transit
arrangements 
are
currently  covered  by  a
joint  action  and  by  the
Schengen acquis.

In 

of 

2003 

(cid:1)
the  second
half 
the
Commission  is  planning
to present a proposal for
the
regulation  on 
a 
the
development 
of 
visa
common 
information 
system
(VIS).

350

351

352

353

354

355

356

Proposal for a Council Regulation amending Regulation (EC) No 1683/95 laying down a uniform format for visas (COM(2001) 577, 9.10.2001).
A5-0445/01, 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).
A5-0445/01, 12.12.2001.
OJ L 53, 23.2.2002.
This measure is included in the EU Plan of Action against terrorism.

88

                                                
Closer  cooperation  between
EU 
third
countries

consulates 

in 

Member States

Ongoing

See  point  VIII  of 
Recommendation of 4 March 1996.

the  common  consular  instruction  and

(cid:1) 
Initiatives by Belgium and Spain, in April 2002, for a draft
Council  decision  concerning  the  adaptation  of  part  VIII  of  the
common consular instruction.

(cid:1) 
The  Laeken  European
Council  asked 
the
possibility  of  establishing
joint  consular  offices  be
considered.

that 

(cid:1)
Decision  adopted  by
the  Council  in  September
2002357

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

Commission 
Council 
Member States

/
/

April 2001

(cid:1)
by nationals exempt from the visa requirement.358

Portuguese  Presidency  initiative  in  June  2000  on  travel

(cid:1) 
opinion
(rejection) in March 2001.359

Parliament 

(cid:1)
long-stay visa.360

French  Presidency  initiative  in  July  2000  on  travel  on  a

(cid:1) 
(rejection) 
2001361

Parliament 
in 

opinion
January

Adopted  by  the  Council  at
the end of May 2001.362

(cid:1)
The Commission presented a  proposal for  a  directive on
conditions for movement in the Member States in July 2001.363

(cid:1) 
February 2002

Parliament  opinion  in

Work  in  progress  in  the
Council

Implementation

16.7.2002

Entry 
force: 7.6.2001

into

357

358

359

360

361

362

363

OJ L 187, 16.7.2002, p. 44.
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).
A5- 0075/2001, 13.3.2001.
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).
A5-0388/2001, 18.1.2001.
OJ L 150, 6.6.2001.
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).

89

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

Action needed

Responsibility

Timetable
for
adoption

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

Commission 
Council 
Member States

/
/

April 2001

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Commission  proposal 

(cid:1)
the
communitisation  of  the  uniform  format  for  residence  permits
granted to third-country nationals.364

in  March  2001  on 

(cid:1) 
December 2001

Parliament  opinion  in

(cid:1)
Council in June 2002.365

Adopted 

by 

the

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

documents 

and 

Commission 
Council 
Member States

/
/

Ongoing

Council

(cid:1) 
Recommendation  of  29  April
1999  on  provision  of  staff
and equipment.

(cid:1)
in
Council  adopted 
March  2000  a  decision  to
improve 
of
information.366

exchange 

 Entry  into  force:
14.6.2002

of

its

Adoption 
specifications
required 
for 
application
14.8.2002

Entry  into  force:
1.7.2000

364

365

366

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, 15.6.2002, p 1
OJ L 81, 1.4.2000.

90

                                                
Objective: Control at the external borders of the Union

Action needed

Responsibility

Timetable
for
adoption

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

Progress  in  the  Council
and, 
appropriate,
if 
Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

Close  cooperation  between
the  Member  States  border
control  services,  such  as
exchange  programmes  and
technology transfer367

Commission 
Council 
Member States

/
/

 May 2002

(cid:1)
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.

367

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

91

a 

liaison 

operations 

(cid:1)
The 
Seville
Council
European 
asked  that  by  the  end
of 2002 there should be
joint 
at
external  borders,  pilot
projects  and  a  network
immigration
of 
officers.  It  also  asked
that by  the end  of June
2003 
common
risk-analysis model and
a  common  scheme  for
training  border  guards
that
be  worked  out, 
on
European 
rules 
borders 
be
consolidated and  that  a
study  be  carried  out  by
the  Commission  on
burden-sharing
between 
Member
States  and  the  EU  as
regards 
the
management  of  eternal
is
borders.  A  report 
scheduled 
for
September  2003  on
the  feasibility  study
on maritime borders.

                                                
(cid:1)
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.

(cid:1)
May 2002 on external borders.368

A  Commission  Communication  has  been  presented  in

(cid:1) 
January 2003.369

Parliament opinion  in

In 

June  2002 

(cid:1)
the
Council  adopted  a  plan  for
the
the  management  of 
the
external  borders  of 
Member  States 
the
of 
European Union.

Council 

(cid:1)
Decision
2002/463/EC  of  13  June
2002  adopting  an  action
for
programme 
administrative  cooperation
in  the  fields  of  external
borders,  visas,  asylum  and
immigration.370

(cid:1)
In  February 2003  the  Commission  orally  presented  a
study on burden-sharing  between  the EU  and  the Member
States  and  a  feasibility  study  on  improving  maritime
border controls.

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

By  the  end  of  2003
is
the  Commission 
to  present
planning 
first  evaluation
the 
report 
the
implementation  of  the
ARGO programme.

on 

Procedure for adopting certain
measures 
the
Common Manual

implementing 

Commission 
Council 
Member States

/
/

(cid:1)
implementing the provisions in the Common Manual.371

in  March  2001  on  measures

Portuguese 

initiative 

(cid:1) 
opinion
(rejection) in March 2001.372

Parliament 

(cid:1) 
in April 2001.373

Adoption by the Council

(cid:1) 
Adoption by the Council
in  November  2000  of 
the
decision  to  downgrade  parts
of the Common Manual.374

Entry  into  force:
24.4.2001

Entry  into  force:
1.12.2000

368

369

370

371

372

373

374

COM(2002)233 du 7.5.2002: Communication de la Commission au Conseil et au Parlement Européen vers une gestion intégrée des frontières extérieures des Etats membres de l'Union européenne.
A5-0449/02.
OJ L 161, 19.6.2001
OJ C 73, 6.3.2001.
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.

92

                                                
(cid:1)
Common Manual.375

Initiative  by  Sweden  in  March  2001  for  updating  the

(cid:1)
the Common Manual377

Initiative  by  Belgium  in  December  2001  for  the  updating

(cid:1)
revision of the Common Manual.

Initiative  by  Belgium  and  Sweden  in  April  2002  for  the

(cid:1)
Decision  updating  the
Common  Manual  adopted  by
the Council in April 2001.376

(cid:1) 
Decisions  declassifying
the  Common  Manual378  and
Common
revising 
the 
Manual379  adopted  by 
the
Council in April 2002.380

(cid:1)
Commission  proposal  for  a  Council  Regulation
establishing  a  specific  Facilitated  Transit  Documents  FTD
and  FRTD  and  amending 
the  Common  Consular
Instructions and the Common Manual381

(cid:1) 
April 2003382

Parliament opinion  in

(cid:1)
by 
Adoption 
Council in April 2003.

the

Implementation:
27.4.2001

Following 
the  Seville
European  Council,  the
Commission is planning
in June 2003 to present
a 
a
regulation  restructuring
the Common Manual.

proposal 

for 

Rapid 
inclusion 
applicant  States 
cooperation

of 
in 

the
this

Commission/

Ongoing

Council 
Member States

/

These 

(cid:1) 
issues  were
discussed  at  the  ministerial
meeting  with  the  applicant
countries  on  the  sidelines  of
the Council in March 2001.

(cid:1)
Work  ongoing  in
of
the 
accession negotiations.

context 

375

376

377

378

379

380

381

382

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.
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.
Belgian initiative for the updating of part III and the creation of an annex 16 of the Common Consular Instructions
Council Decision declassifying Part II of the Common Manual (OJ L 123, 9.5.2002, p. 49).
Council Decision revising Part I of the Common Manual (OJ L 123, 9.5.2002, p. 47).
Council Decision of 25 April 2002 on the adaptation of Part III of, and the creation of an Annex 16 to, the Common Consular Instructions  (OJ L 123, 9.5.2002, p. 50).
Proposal for a Council Regulation establishing a specific Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) and amending the Common Consular  Instructions and the Common Manual
(COM(2003) 60, ...).
A5-0075/03.

93

                                                
Objective: To convert and develop the Schengen acquis

Action needed

Responsibility

Timetable
for
adoption

State of play

Transpositio
n

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

Actions  planned  and
progress made

Communitisation of Article 2 of
the Schengen Convention.383

Development of SIS II

Commission 
Council 
Member States

Commission 
Council 
Member States

/
/

/
/

2001

2001

(cid:1)
SIS II.384

Initiative by Belgium and Sweden for the development  of

(cid:1)
Commission  communication  in  December  2001  on  the
development  of  the  Schengen  II  information  system  to  take
account  of  the  prospect  of  enlargement  and  of  technical
progress.386

(cid:1)
Spanish  Initiatives  relating  to  specific  new  functions  of
the  SIS,  in  particular  in  the  framework  of  the  fight  against
terrorism.387

(cid:1) 
Decision in April 2003.388

First Commission report on Art. 18 of the Framework

(cid:1)
the feasibility study launched in July 2002.

In April 2003 the Commission  finalised the results  of

The 

(cid:1)
intends 
proposal in 2003.

Commission
to  present  a

of 

Discussion 

(cid:1) 
new
functions  in  SIS  II  are  in
progress. 
Political
agreement  on  the  Spanish
initiatives 
in
December 2002.

expected 

(cid:1)
Regulation 
Decision  adopted  by 
Council 
2001.385

and
the
December

in 

Deadline 
for
implementatio
n: 14.12.2001.

Expiry 
31.12.2006

date:

EP  Opinion  on 

(cid:1) 
Spanish 
December 2002.389

Initiatives 

the
in

of 

Discussion 

(cid:1) 
new
functions  in  SIS  II  are  in
progress. 
Political
agreement  on  the  Spanish
initiatives  expected  in  June
2003.

Commission

(cid:1) 
in
proposal  expected 
May 
a
for 
2003 
Regulation  on  access  to
the
the 
registration of vehicles.

SIS 

for 

383

384

385

386

387

388

389

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,
29.6.2001, p. 12).
OJ L 328, 13.12.2001.
Communication from the Commission to the European Parliament and the Council - Development of the Schengen Information System II (COM(2001) 720, 18.12.2001).
OJ C 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.
Commission staff working paper “On the development of the second generation Schengen information system (SEC(2003)206, 19.2.2003).
A5-0436/02, 17.12.2002.

94

                                                
6.

CITIZENSHIP OF THE UNION

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

Action needed

Responsibility

Timetable
for
adoption

State of play

Transpositio
n

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

Actions  planned  and
progress made

updating 

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

movement 

Commission/

2001

Council/ EP

(cid:1) 
directive,390 amended in April 2003.391

Commission proposal in May 2001 for an EP and Council

(cid:1) 
February 2003.392

Parliament  opinion  in

(cid:1)  Work in progress in the
Council.

(cid:1)
Second  Commission  report  en  mars  2003,  on  the
application  of  Directives  90/364,  90/365  and  93/96  on  the
right of residence to be presented in March 2003.393

Regulation  on  security  of
travel documents

Commission/

2001

Council/ EP

(cid:1)
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 
and
members of their families

citizens 

Commission 
Council 
Parliament

/
/

2001

(cid:1)
The  Commission
will  consider  whether
an  initiative  should  be
taken  here  after  the
adoption 
the
directive  revising  the
rules  on  the  right  of
residence.

of 

390

391

392

393

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).
Amended proposal for a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (COM(2003)
1999).
A5-0009/03, 11.2.2003.
COM(2003)101, 5.3.2003: Second Commission report to the council and the European Parliament on the application of directives 90/364/EEC, 90/365/EEC and 93/96/EEC (right of residence).

95

                                                
Objective: Information on exercise of rights attached to Union citizenship

Action needed

Responsibilit
y

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

Actions  planned  and
progress made

Communication  on 
elections to EP

results  of

Commission

2000

(cid:1)
2000.394

Commission  Communication  presented  in  December

(cid:1)
93/109/EC presented in January 2003.395

Commission  report  on  a  derogation  from  directive

Commission  Communication 

(cid:1)
in  April  2003  on
measures to be taken to ensure participation of all citizens
of  the  Union  to  the  2004  elections  to  the  European
Parliament in an enlarged Union.396.

First 
elections

report 

on  municipal

Commission

2001

(cid:1) 

Commission report presented in May 2002.397

Third report on the citizenship of
the Union

Commission

By  the  end
of 2000

(cid:1)
2001.398

Third  report  prepared  by  the  Commission  in  September

(cid:1) 
September 2002.399

Parliament  opinion  in

394

395

396

397

398

399

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.
Report from the Commission to the European Parliament and to the Council on granting a derogation pursuant to Article 19(2) of the EC Treaty, presented under Article 14(3) of Directive 93/109/EC on the right to vote and to
stand as a candidate in elections to the European Parliament (COM(2003)31, 27.1.2003).
Commission communication on measures to be taken by Member States to ensure participation of all citizens of the Union in the 2004 elections to the European Parliament in an enlarged Union (COM(2003)174, 8.4.2003).
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.

96

                                                
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. In its Communication of
November 2002 the Commission gave a mid-term review of the European Union Drugs Action Plan (2000-2004), which was approved by the Copenhagen
European Council. The final evaluation will be undertaken with the help of the Member States, the European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA) and Europol.

97

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

Action needed

Responsibility

Timetable
for
adoption

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

Actions planned and
progress made

State of play

Transposition

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

of 

June 2000

(cid:1)
Commission  communication 
implementation of the Action Plan.400

in  June  2001  on 

the

(cid:1)
A  Joint  Declaration  on
the  implementation  of 
the
Drugs  Action  Plan  was
adopted in February 2002 by
the  Council  in  association
with the Commission and the
countries.  The
applicant 
Declaration 
the
launching  of  negotiations  for
the  applicant  countries 
to
participate in the EMCDDA.

refers 

to 

(cid:1)
mid-term review of the Action Plan.401

Commission  communication  in  November  2002  on  the

The  Copenhagen  European
Council  had  expected 
to
approve the guidelines in the
Commission communication.

(cid:1)
the
Resolution  on 
treatment  of  drug  addicts
in  prison 
in
February 2003.

adopted 

(cid:1)
In the implementation  of  the Plan  of  action,  initiative
by the UK and the Greek Presidency in February 2003 for a
plan  for implementation  of priority measures  linked  to  the
objectives of the EU Drugs Action Plan.

Work currently under way.

The 

and 

(cid:1)
ten
countries  that  have
accession
signed 
be
treaties  will 
involved 
in
EMCDDA  work  as
observers  from  July
as
2003 
members 
from  1
  2004.  The
May 
negotiations 
with
Romania,  Bulgaria
and  Turkey  should
be  pursued  with  the
aim  of  associating
the
them 
EMCDDA 
from  1
January 2004

with 

(cid:1) 
The
Commission 
is
planning  to  present
a  communication  in
the  second  half  of
2003  on  European
and 
national
machinery  for  drugs
coordination.

400

401

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).
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).

98

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

Council 
Commission 
Member States

/
/

(cid:1)
Proposal  for  a  Council  Recommendation  on  the
prevention  and  reduction  of  risks  associated  with  drug
dependence.402

Parliament 
February 2003

opinion 

in

Adopted by the Council on
26 March 2003.403

(cid:1)
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.

(cid:1)
On  the  basis  of  the  EMCDDA's  risk  analysis,  the
Commission  presented  a  proposal  for  a  Council  Decision  in
December 2001, defining PMMA as a new synthetic drug.404

(cid:1)
the  Council 
2002.405

Decision  adopted  by
in  February

Swedish 

(cid:1)
for  a  Council
Decision on the determination of the profiles of synthetic drugs
and the transmission of samples.406

in  January  2001 

Initiatives 

(cid:1) 
May 2001.407

Parliament  opinion  in

(cid:1) 
is
The 
on
continuing 
aspects 
to
determination  of  the  profile
of synthetic drugs.

Council 
to  work 
relating 

by 

Adoption 

(cid:1)
the
Council  in  May  2001  of  the
decision 
the
transmission of samples.408

concerning 

Entry 
force: 1.7.2001

into

(cid:1)
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.

(cid:1)
by 
Adoption 
Council in April 2002.

the

(cid:1) 
the generic classification of new synthetic drugs.

Danish Initiative in July 2002, for a Council Resolution on

(cid:1)
by 
Adopted 
Council in June 2002

the

(cid:1)
Commission  report  in  May 2003  suggesting  that
TM2-2,  2C-1,  2C-T-2  and  2C-T-7  should  not  be  subject  to
controls and criminal penalties.409

402

403

404

405 

406

407

408

409

Proposal for a Council Recommendation on the prevention and reduction of risks associated with drug dependence (COM(2002) 201, 8.5.2002).
OJ C 73, p. 5.
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).
OJ L 63/14 of 6.3.2002.
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 150, 6.6.2001.
COM(2003) 258, 13.5.2003. Commission Reports to the Council under Joint Action 97/396 on TM2-2, 2C-1, 2C-T-2 and 2C-T-7.

99

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

of 
for 

Common  definitions,  charges
and  penalties  in  the  field  of
drug trafficking.410

and
Council 
on
Parliament 
of
basis 
the 
proposals  of  the
Commission

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

Financial 
combating drug trafficking

instrument 

for

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

(cid:1)
The  Commission  has  set  up  a  Steering  Group  of
members of the presidencies concerned by the evaluation
and representatives of the EP, EMCDDA and Europol.

(cid:1)  Work  currently  under
way.

(cid:1) 
On 10 December  2001
the  Council  adopted  a
Resolution  on  the  national
implementation 
these
epidemiological indicators.

of 

April 2001

(cid:1)
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.411

(cid:1)
In  2002  the  Commission  implemented  the  budget  line
introduced  at  the  European  Parliament's  request  to  finance  a
preparatory programme to combat drug trafficking.

(cid:1) 
April 2002412

Parliament  opinion  in

The 

(cid:1) 
Laeken
European  Council  asked
that 
Framework
Decision  be  adopted  by
the end of May 2002. Work
continues in the Council.

this 

(cid:1)
In  September
the
2003 
is
Commission 
planning  to  propose
a  Council  Decision
amending 
and
replacing  the  Joint
Action  of  16.6.1997
on synthetic drugs.
Acting  on  the  basis
of  a  risk  analysis  of
2C-T-7,  2C-T-2,  2C-I
the
and 
TMA-2, 
will
Commission 
whether
analyse 
be
there 
proposals 
in  June
2003.

should 

This

(cid:1) 
preparatory
programme 
was
integrated in the AGIS
programme in 2003.

410

411

412

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.

100

                                                
8.

STRONGER EXTERNAL ACTION

Priorities of the European Council meetings in Tampere and Feira

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

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.

101

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

Action needed

Responsibility

Timetable
for
adoption

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

Progress in the Council and,
if appropriate, Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

State of play

Transposition

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

Discussion 

(cid:1) 
with
applicant  countries  at  Council
meeting  in  March  2001  on
combating  organised  crime
and  asylum  and  immigration
policy.  in  September  2001  on
trafficking  in  human  beings;
Discussion  with  the  applicant
countries  at 
the  Council
meeting  on  28  February  2002
on external borders, drugs and
questions  of  judicial  capacity;
on  the  Schengen  evaluation
mutual
process 
and 
recognition  at 
the  Council
meeting of 14 October 2002.

2001 

Adoption 

(cid:1)
in
by
September 
Member 
and
applicant  countries  of  12
undertakings  on  combating
trafficking in human beings.

States 

(cid:1)
on
Negotiations 
Chapter 24 are continuing
and
with 
Bulgaria 
Romania. 
Community
support  is  going  to  JHA
Phare
through 
the 
twinning
programme, 
partnership
schemes, 
and
agreements 
participation 
JHA
programmes.

in 

the 
that 

(cid:1)
seven
For 
have
countries 
accession
signed 
(16.4.2003),
treaties 
additional
specific 
(Schengen
financing 
been
facility) 
earmarked 
for
2004-2006  in  a  Protocol
annexed 
the
to 
accession treaty.

has 

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

for 

The  Council, 
in
close  co-operation
with 
the
Commission,  is  to
draw  up  specific
recommendations

June 2000

(cid:1)
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.

102

The 

(cid:1)
October
European  Council  agreed
on  the  insertion  of  JHA
safeguard 
clauses
(mutual recognition in civil
and  criminal  matters)  in
future accession treaties.

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

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

Continuation 
Barcelona Process

of 

the

Concluding  of  readmission
agreements

(cid:1)
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.

(cid:1)
Implement  the  JHA  dimension  of  the  Meda  regional
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.

(cid:1)
Presentation  of  draft  negotiating  mandates  for
readmission  agreements  with  Morocco,  Pakistan,  Sri
Lanka  and  Russia  in  February  2000,  Hong  Kong  and
Macao  in  March  2001,  Ukraine  March  2002 and  Albania,
Algeria, China and Turkey in October 2002.

(cid:1) 
October 2002413

  Parliament  opinion  in

Agreements 

(cid:1)
have
been  signed  with  Croatia
and  the  FYROM  and  are  in
process of ratification.

Negotiating

(cid:1) 
mandates  for  readmission
agreements with Morocco,
Pakistan,  Sri  Lanka  and
adopted 
Russia 
by
Council 
in  September
2000, with Hong Kong and
Macao  in  May  2001,  with
Ukraine  in  June  2002 and
with  Albania,  Algeria,
China  and  Turkey 
in
November 2002.

for 

The 

asked 

(cid:1)
Seville
European  Council  (June
the
2002) 
conclusion 
of
readmission  agreements
being  negotiated 
to  be
speeded  up  and  for  new
negotiating  mandates  to
be approved.

(cid:1) 
An  agreement  was
signed  with  Hong  Kong
on 
November;
conclusion  and  entry
into  force  expected  in
the first half of 2003.

27 

Readmission

(cid:1) 
agreement 
initialled
with  Sri  Lanka  on  30
May  and  Macao  on  18
October  2O02.  Under
discussion 
the
Council.

in 

for

way 

Negotiations

(cid:1) 
under 
readmission
agreements 
with
Russia,  Pakistan,  Sri
Lanka,  Morocco,  Macao
Ukraine.
and 
Negotiations 
with
Albania to  be  opened  in
May  2003;  draft 
text
transmitted to Turkey.

413

A5-0104/03.

103

                                                
Cooperation  on  justice  and
home affairs

(cid:1) 
Central Asia: Action Plan
against  drugs  for  Central  Asia
formally  approved
(CADAP) 
by  Kazakhstan,  Kurdistan,
Tajikistan and Uzbekistan on 2
October 2002.

Russia: 

(cid:1) 
implementation
of  the  action  plan  to  combat
organise crime.

(cid:1) 
of the JHA action plan.

Ukraine:  implementation

United 

(cid:1) 
States:
negotiation  of  an  agreement
in  criminal
for  cooperation 
the  basis  of
matters  on 
Articles  38  and  24  of 
the
Union  Treaty  (Council  agreed
to  a  negotiating  brief  in  April
2002);414  Negotiations 
in
progress  since  June  2002.
Adoption 
agreement
of 
expected in June 2003.

Adopted  by  the  Council  in
February 2003.416

(cid:1) 
Negotiating  directives
agreement  with
for  an 
Iceland  and  Norway  on
extradition 
and  mutual
assistance  adopted  by  the
Council on 19.12.2002.

Parliament 
expected in June 2003.

opinion

(cid:1)
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.415

414

415

416

This measure is included in the EU Plan of Action against terrorism (periodic review).
Proposal for a Council 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).
OJ L 67 du 12.3.2003 

104

                                                
Negotiation  of  multilateral
instruments

(cid:1) 

Council of Europe:

-  Cybercrime  Convention;  open  for  signature  in  November
2001;

-  Protocol  to  the  Convention  on  Cybercrime,  concerning
the  criminalisation  of  acts  of  a  racist  and  xenophobic
nature committed through  computer  systems: opened for
signing in January 2003.

-  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.

-  Protocol  amending  the  European  Convention  against
terrorism of 1977: open for signing in May 2003

In  May  2003  the  Commission  presented  a  proposal  for  a
common  position  on  notification  to  the  Council  of  Europe
under Article 28(3) of the Extradition Convention of 1957.417.

(cid:1) 

United Nations Conventions:

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.

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

(cid:1)
crime:
Organised 
see 
The
above. 
Commission  will  present
a  proposal  for  conclusion
of the UN Convention and
its  Protocols  by 
the
Community.

417

COM(2003) 253, 6.5.2003, Proposal for a Council Common Position on notifying the Council of Europe, pursuant to Article 28(3) of the European Convention on Extradition of 13 December 1957, of the application by the
Member States, between themselves, of the European Arrest Warrant.

105

                                                
9.

OTHER CURRENT INITIATIVES

MEMBER STATES

TITLE

CONNECTION 
State of progress

WITH 

TAMPERE/VIENNA

Finland

Finland

Sweden

Sweden

France

Belgium

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

Netherlands

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

Adopted by the Council in June 2002.418

Spain

Spain

Spain

418

OJ L 167, 26.6.2002

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

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

Adoption by the Council of a recommendation in June 2002

Draft Council Decision establishing a European Police Studies Institute.

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.

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

Under discussion in the Council Working Party (Customs cooperation).

106

                                                
Spain

Spain

Spain

Spain

Spain

Spain

Spain

Denmark

Spain

Belgium

Denmark

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

Adoption 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

EP opinion in September 2002.

Adopted by the Council in December 2002.419

Council Decision establishing a European network for the protection of VIPs.420

EP Opinion in May 2002

Adopted by the Council in November 2002.421

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

Adopted by the Council in May 2003.

Parliament Opinion in December 2002.

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

Adopted by the Council in June 2002

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

Work in progress in Council – EP Opinion in April 2003

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

Work ongoing in the Council.

419

420

421

OJ L 16, 22.1.2003
OJ C 42, 15.2.2002.
OJ L 333, 10.12.2002

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Denmark

Denmark

Netherlands

Greece

Greece

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 ongoing in the Council.

Parliament opinion in April 2003422

Regulation  amending  Regulation  (EC)  No  44/2001  on  jurisdiction  and  recognition
and enforcement of judgments in civil and commercial matters.423

Work ongoing in the Council.

Council  Decision  on  procedures  for  amending  the  Sirene  Manual  and  Council
Regulation on procedures for amending the Sirene Manual.424

Transmitted to the Council and Parliament in March 2003.

Council  Framework  Decision  to  prevent  and  combat  trafficking  in  human  organs
and tissues.

Work ongoing in the Council.

422

423

424

A5-0107/03.
OJ C 311, 14.12.2002.
OJ C 82, 5.4.2003.

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