Communication from the Commission to the Council and the European Parliament - Biannual update of the scoreboard to review progress on the creation of an area of  "freedom, security and justice" in the European Union (second half of 2003)
Date: 2003-12-30
Institutions: European Commission
Subjects: European citizenship, European treaties, access to the courts, fight against crime, fundamental rights, immigration, public safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.12.2003
COM(2003) 812 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

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

(SECOND HALF OF 2003)

EN

  EN

TABLE OF CONTENTS

Summary ...................................................................................................................... 3

A common EU asylum and migration policy............................................................. 17

Partnership with countries of origin ........................................................................... 17

A Common European Asylum System ...................................................................... 18

Fair treatment of third country nationals.................................................................... 26

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

A Genuine European Area of Justice ......................................................................... 39

Better access to justice in Europe............................................................................... 39

Mutual recognition of judicial decisions.................................................................... 46

Greater convergence in civil law................................................................................ 56

Union-wide fight against crime.................................................................................. 60

Preventing crime at the level of the Union................................................................. 60

Stepping up cooperation in the fight against crime.................................................... 64

Fight against certain specific forms of crime ............................................................. 78

Special action against money-laundering................................................................... 87

Policy on internal and external borders; visas; implementation of Article 62 of the
EC Treaty; Converting the Schengen acquis.............................................................. 93

Citizenship of the Union .......................................................................................... 105

Cooperation Against Drugs...................................................................................... 107

Stronger External Action.......................................................................................... 112

Other current initiatives............................................................................................ 119

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

The  European  Council  of  Tampere  of  15-16  October  1999  invited  the  Commission  to
prepare a Scoreboard to keep under constant review progress made towards implementing
the necessary measures and meeting the deadlines set by the Amsterdam Treaty, the Vienna
Action Plan and the Tampere conclusions for the creation of an area  of  freedom, security
and justice.

In response to this invitation, the Commission produced its first Scoreboard in March 2000.
The first  Scoreboard  has  been  followed  by  regular  biannual  updates,  which  progressively
also  took  into  account  the  objectives  set  by  the  European  Councils  of  Laeken  (2001),
Seville (2002) and Thessaloniki (June 2003).

Given the deadline of May 2004 set by the Amsterdam Treaty in view of the completion of
the  first  stage  of  the  creation  of  an  area  of  freedom,  security  and  justice,  this  is  the
penultimate biannual update of the Scoreboard based on the initial Tampere agenda.

In  June  2004,  the  Commission  intends  to  present  a  Communication  that  will  provide  a
global and objective assessment of the achievements and eventual failures in implementing
the  Tampere  agenda  and  meeting  the  obligations  set  by  the  Amsterdam  Treaty.  The
assessment will take into account the outcome of an on-line consultation of the EU citizens
and interested parties, which is going to be launched shortly, as well as the position of other
institutions, such as the European Parliament. This Communication will be accompanied by
a final update of the Tampere Scoreboard.

The  Communication  will  also  suggest  first  orientations  for  the  second  phase  of  the
development  of  an  area  of  freedom,  security  and  justice,  the  "Tampere  II"  agenda.  The
benchmark for this will be the text of the Constitutional Treaty.

This  penultimate  update  of  the  Scoreboard,  like  its  predecessors,  examines  the  main
progress made in implementing the conclusions of the Tampere European Council as well
as the delays in the legislative process and what remains to be achieved.

In  this  respect,  a  list  of  the  key  Commission  proposals  and  Member  States’  initiatives
awaiting  action  in  other  EU  institutions  is  included  as  an  annex  to  the  introduction.
Moreover, this Scoreboard includes the key proposals foreseen for presentation in 2004 in
the sector of justice and home affairs, as planned by the Commission in its Legislative and
Work Programme for 2004.

The second semester 2003 has been a key period for the future development of the area of
freedom, security and justice, in particular in view of its second phase.

This period has been marked by the conclusion of the work of the Convention on the future
of  Europe  and  the  beginning  of  the  Inter-Governmental  Conference  in  Rome  on
4 October 2003.  The  Convention  carried  out  very  detailed  and  positive  work  on  the
provisions  of  the  draft  Constitutional  Treaties  related  to  justice  and  home  affairs.  The
Commission welcomes the draft provisions presented by the Convention, as expressed in its
opinion of 17 September 2003 pursuant to article 48 of the Treaty on the European Union.

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These provisions would lead to more efficient, transparent and democratic decision-making
methods as well as to a welcome reinforcement of the policy objectives themselves.

In the context of the current Tampere agenda, the development process towards an area of
freedom, security and justice has been boosted by the European Council of Thessaloniki of
June 2003, whose conclusions confirmed the orientations given one  year earlier at Seville
and  also  reinforced  the  Union’s  strategic  priorities,  namely  in  the  fields  of  immigration,
asylum and management of the external borders. Among the priorities, a specific reference
is  made  to  the  integration  of  third-country  nationals  who  are  legally  resident  in  the
European Union, and also to the need to further foster the external dimension of migration
policy. Some of these orientations are destined to pave the way for future actions that will
go beyond the deadline of the Amsterdam Treaty of May 2004. Separate paragraphs of the
introduction to this Communication refer to these measures.

The European Council of Brussels on 16 and 17 October 2003 devoted one chapter of its
conclusions to  the  strengthening  of  freedom,  security  and  justice.  The  chapter  focuses  on
the follow-up to Seville and Thessaloniki, with a particular reference to the management of
the  Union’s  common  borders  and  the  control  of  migratory  flows.  But  it  also  calls  for
continued  efforts  towards  closer  police,  judicial  and  customs  co-operation  and  a
strengthening  of  law  enforcement  co-operation,  particularly  as  concerns  the  operational
aspects of the fight against serious crime and terrorism.

In  short,  it  is  clear  that  at  the  eve  of  the  European  Union's  biggest  enlargement  and  six
months ahead of the deadline set by the Amsterdam Treaty, the creation of the first stage of
an area of freedom, security and justice, as well as its development, are more than ever at
the top of the political agenda of the Heads of State and Government. Work has progressed
on  all  fronts  since  the  Commission's  last  update  of  the  Scoreboard  on  22  May  2003,  but
there is a risk that certain important pieces of legislation will not be in place by next year’s
deadline. The Commission again therefore urges the Council to reinforce its efforts in the
coming months and expects Member States to lift their national reservations on a number of
files.

A COMMON EU ASYLUM AND MIGRATION POLICY

In the previous version of the Scoreboard, related to the first semester of 2003, a globally
positive  assessment  was  given  on  the  progressive  finalisation  of  the  first  phase  of  the
common  European  asylum  system.  This  positive  assessment  was  based  on  the  putting  in
place of the temporary protection  mechanism, the adoption of an instrument  on  standards
on reception  conditions  for  asylum  seekers,  the  adoption  of  the  Regulation  to  replace  the
Dublin Convention which determines responsibility for examining asylum applications and
the fact that the Eurodac system has been up and running since the beginning of the year.

In  order  to  complete  this  first  phase  of  the  common  European  asylum  system  –  as  the
European Council of Thessaloniki recalled – it is imperative to agree on two key remaining
elements  of  this  system.  The  first  proposal  concerns  the  common  definition  of  refugee
status and a common approach to subsidiary protection. The second proposal, for which the
Italian  Presidency  has  pressed  ahead  with  the  necessary  vigour,  in  view  of  an  adoption,
concerns  asylum  procedures,  including a  common list of safe countries of  origin. Despite
the  deadline  set  by  the  European  Council  for  an  agreement  by  the  end  of  2003  and  the

4

 
positive efforts of the Italian Presidency, the Council was not able to reach an agreement on
the two proposals yet.

The  Commission  will  present  at  the  beginning  of  2004  a  Council  Decision  on  the  next
generation European Refugee Fund covering the period 2005-2010.

On the immigration front, one of the main achievements of the second semester 2003 is the
adoption  of  the  directive  on  the  long-term  resident  status  for  third  country  nationals.
Among the main steps forward delivered by this directive, there is the possibility to access
long-term resident status after five years of legal residence and the recognition of equality
of treatment in a series of aspects of the social and economic life. Moreover, this directive
opens the possibility for long-term residents to move to another Member State in order to
work or study, under harmonised conditions.

Following  the  Commission's  Communication  of  3  June  on  Immigration,  Integration  and
Employment, the European Council of Thessaloniki stressed the need for Member States to
develop  integration  policies  within  a  coherent  EU  framework,  invited  the  Commission  to
prepare  annual  reports  on  integration  and  stressed  the  importance  of  developing  co-
operation  and  exchange  of  information  within  the  framework  of  the  newly-established
national  contact  points  on  integration.  While  the  work  of  the  national  contact  points  is
progressing,  the  Commission  put  in  place  during  summer  a  pilot  project,  Integration  of
third  country  nationals,  which  received  a  very  positive  response  from  civil  society.  In
addition, the Commission has accelerated the work of the EU Migration Network (initiated
in 2002 as a pilot project).

Moreover, 
22 September 2003.

the  directive  on 

family 

reunification  was 

formally  adopted  on

Given the constructive efforts of the Italian Presidency, it has been possible for the Council
of  6  November  2003  to  reach  a  political  agreement  on  the  directive  on  the  short-term
residence permits issued to victims of trafficking in human beings who co-operate with the
competent authorities.

However, progress has been slow on the proposal for a directive on the admission of labour
migrants of July 2001, as noted by the Council on 27 November 2003. The proposal for a
directive  on  the  admission  of  students  will  shortly  be  complemented  by  a  further
Commission proposal for a directive on the admission of researchers.

The  European  Council  of  Thessaloniki  stressed  the  need  for  exploring  legal  means  for
third-country nationals to migrate to the Union, taking into account the reception capacity
of the Member States, within the framework of an enhanced co-operation with the countries
of origin which will prove beneficial to both sides. In this context, the European Council of
Brussels of October took note of the Commission's initiation of a study on the relationship
between  legal  and  illegal  immigration  inviting  Member  States,  Acceding  States  and
Candidate States to cooperate fully with the Commission to this end. In the Commission's
planning, the study is due to be finalised in Spring 2004.

The  fight  against  illegal  immigration  remains  high  on  the  political  agenda  and  the  global
approach proposed in the Commission’s Communication of 3 June on the development of a
common  policy  on  illegal  immigration,  smuggling  and  trafficking  of  human  beings,

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external  borders  and  the  return  of  illegal  residents,  has  been  endorsed  by  the  European
Council of Thessaloniki. Recent discussions have focused on the setting up of a strategy for
the  management  of  external  borders  (this  specific  aspect  will  be  dealt  with  under  the
paragraph  « policy  on  internal  and  external  borders,  visas  and  Schengen »  of  this
introduction).

In  response  to  the  request  of  the  European  Council  of  Thessaloniki,  the  instrument
establishing  the  Immigration  Liaison  Officers  (ILOs)  network  was  agreed  in  principle  by
the Council on 3 October 2003 and formal adoption is expected by the end of the year.

In the context of the implementation of a common policy on return of illegal immigrants,
the Thessaloniki conclusions noted that greater efficiency could be achieved by reinforcing
existing co-operation. Political agreement was reached in November on the Italian initiative
on the organisation of joint flights for removals of third-country nationals illegally present
in the  territory  of  two  or  more  Member  States.  The  Council  also  adopted  in  November  a
Council Directive on assistance in cases of transit for the purposes of removal by air.

A  political  agreement  was  also  reached  at  the  Council  of  6  November  on  the  Council
Decision  setting  out  criteria  and  practical  arrangements  for  the  compensation  of  the
financial imbalances resulting from the application of the Council Directive 2001/40/EC on
the mutual recognition of decisions on expulsion of third-country nationals.

The  Thessaloniki  European  Council  conclusions  also  mentioned  the  need  to  set  up
mechanisms in respect to return policy, including a financial component. Consequently, the
European Council of Brussels in October welcomed the Commission's intention to present a
proposal,  taking  into  account  the  financial  perspectives,  to  provide  financial  support  for
repatriation. It is in this context that the Commission is about to propose the creation of a
financial instrument for return management in the area of migration.

Furthermore,  in  2004  the  Commission  will  present  a  proposal  for  a  Council  Directive  on
minimum standards for return procedures and mutual recognition of return decisions.

With regard to integration of migration issues in the Union’s relations with third-countries,
the global approach as defined at Tampere and confirmed at Seville, Thessaloniki and at the
European Council of Brussels of October 2003 needs to be further implemented.

The  Commission  has  continued  to  integrate  migration  related  issues  in  the  Community
regional cooperation programmes with third countries.

In addition, in June 2003, the Commission presented a proposal to establish a programme
of financial and technical assistance to third countries in the area of migration and asylum.
The work in the Council and the European Parliament is proceeding speedily with a view to
adoption at the beginning of next year.

Furthermore,  with a view  to  give concrete  expression  to  the  Thessaloniki  conclusions,  an
evaluation mechanism for monitoring relations with third-countries in the field of the fight
against illegal immigration is due to be adopted by the Council by the end of the year.

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Finally, it is clear that for the Community to be efficient and achieve timely results in the
negotiation  of  readmission  agreements  with  third  countries,  and  therefore  improve  the
control  of  immigration  flows,  it  is  essential  that  the  Community  speaks  with  one  voice
based on a multidisciplinary approach covering various policies of the EU.

Recent progress has been made with the signature of a readmission agreement with Macao
in October 2003 and the signature of the agreement with Sri Lanka will follow very soon.
The  agreement  with  Hong  Kong,  which  was  signed  in  November  2002,  and  that  with
Macao,  are  expected  to  enter  into  force  early  2004.  Furthermore,  an  agreement  has  been
reached  in  negotiations  with  Albania  at  the  beginning  of  November.  It  is  therefore
envisaged to initial the readmission agreement in December 2003.

Concerning  China,  a  Memorandum  of  Understanding  on  Agreed  Destination  Status  has
been  initialled  during  the  EU-China  Summit  of  30  October  and  is  expected  to  be  signed
before  the  end  of  the  year.  This  Memorandum  to  facilitate  group  tourism  into  Europe
contains  a  readmission  clause  which  features  a  state  obligation  of  China  to  take  back
overstayers  in  the  context  of  the  Agreement  and  includes  provisions  needed  for  a  swift
repatriation  of  overstayers.  Furthermore,  during  the  High  Level  Consultations  on  Illegal
Immigration  and  Trafficking  in  Human  Beings,  China  signalled  readiness  to  discuss  the
issue  of  return  in  the  context  of  a  dedicated  meeting  of  the  High  Level  Consultations  on
return and legal migration  to  be  held  in  the  first  semester  of  2004.  The  Commission  will
provide  a  draft  text  for  a  future  readmission  agreement  to  the  Chinese  side  as  soon  as
possible  and  hopes  that  shortly  after  the  dedicated  meeting  on  return,  the  first  round  of
formal negotiations on a readmission agreement can be held.

With  reference  to  Russia  and  Ukraine,  three  rounds  of  negotiations  on  readmission  took
place. The Joint Statement adopted by the EU-Russia Summit of 6 November recorded the
agreement  to  continue  to  work  towards  its  timely  conclusion.  The  Commission  is
determined to seek an early conclusion with both countries. Preparatory technical talks on
readmission were held with Pakistan in October 2003 and it is anticipated that negotiations
of an agreement could be launched in early 2004.

The Commission will present a report on the common readmission policy at the beginning
of 2004, as requested by the European Council of Brussels in October.

TOWARDS AN EUROPEAN AREA OF JUSTICE AND SECURITY

As regards civil matters

In the field of judicial co-operation in civil matters, positive progress has been made under
the  mutual  recognition  programme.  The  recent  approval  of  the  Regulation  on  parental
responsibility and matrimonial matters will have a direct impact on the daily life of citizens,
in particular, as underlined by the European Council of Brussels on 16-17 October 2003, by
allowing  the  recognition  and  enforcement  throughout  the  Community  of  national
judgements, thus greatly enhancing citizen's access to justice. This Regulation represents an
important step towards ensuring EU-wide recognition and enforcement of decisions on the
custody  and  protection  of  minors  and  the  Commission  also  welcomes  the  fact  that  in
parallel  good  progress  was  achieved  in  view  of  the  ratification  by  Member  States  of  the
1996  Hague  Convention  on  parental  responsibility.  Also  in  the  field  of  family  law,  the
Commission intends to focus, in the near future, on patrimonial family law.

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Another important instrument is the  Directive  on State  compensation to victims  of  crime,
including the victims of terrorism, for which substantial progress has been made under the
Italian  Presidency.  In  the  Commission's  views,  this  proposal  represents  an  important  first
step by setting minimum standards and therefore guaranteeing the fair treatment of victims
of crimes.

In order to improve public awareness on equal access to justice, an information campaign
on judicial co-operation in civil and commercial matters has been launched. In addition, in
conjunction  with  the  Council  of  Europe,  the  Commission  designated  25  October  as  the
European Day of Civil Justice and organised public events to promote it.

Following the adoption in January 2003 of the Directive on legal aid, the Commission took,
as announced, the necessary implementing measures by adopting a decision establishing a
form for transmission requests in June 2003. A proposal aiming at establishing a European
order  to-payment  procedure  will  be  presented  before  the  end  of  the  year  and  it  will  also
contain harmonised forms.

As for the Commission's proposal on uncontested claims, a common position is expected to
be adopted in the Council by the end of December 2003 in view of the transmission to the
European  Parliament  and  final  adoption  before  the  end  of  the  current  parliamentary
legislature.

Finally, on 22 July 2003, the Commission adopted a proposal for a Regulation on the law
applicable  to  non  contractual  obligations  (Rome  II).  This  proposal,  which  is  the  result  of
extensive consultations, aims at ensuring that courts  in  all  Member  States apply  the  same
rules to determine the substantive law applicable to disputes involving torts liability. It will
therefore contribute to better transparency and predictability of how these types of disputes
are resolved.

As regards criminal matters

Following the presentation in February 2003 of the Green Paper on procedural safeguards
for  suspects  and  defendants  in  criminal  proceedings  throughout  the  European  Union,  a
public hearing on 16 June 2003 and the opinion of the European Parliament in November
2003,  the  Commission  is  about  to  present  a  proposal  for  a  Framework-Decision  on
procedural  safeguards.  This  measure  is  regarded  as  a  first  step  and  will  be  followed  by
other  measures  implementing  the  mutual  recognition  programme.  In  particular,  the
Commission will soon present two Green Papers, covering respectively pre-trial detention
and recognition and enforcement of alternative measures to detention; and approximation,
recognition and enforcement of criminal penalties in the European Union. Furthermore, the
Council has continued discussions on the Greek initiative on the "ne bis in idem" principle.
The Commission has been asked, in this context, to present further initiatives with regard to
preventing conflicts of jurisdiction.

Concerning the status of victims in the framework of criminal proceedings, the Commission
will  present  in  December  2003  its  first  report  on  the  implementation  of  the  framework
decision.

As  for  the  application  of  mutual  recognition  to  pre-trial  orders,  in  July  2003  the  Council
adopted the Framework-Decision on the freezing of assets and evidence. In November 2003

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the Commission presented a proposal for a Framework-Decision on the European Evidence
Warrant  for  obtaining  objects,  documents  and  data  for  use  in  proceedings  in  criminal
matters. The underlying idea is that the European Warrant is an order that would be issued
by a  judicial  authority  in  one  Member  State  and  which  would  be  directly  recognised  and
enforced by a judicial authority in another Member State.

One of the Tampere objectives is that criminals should no longer benefit from safe havens
created  by  differences  in  national  law.  In  this  context,  and  also  in  relation  to  the  fight
against  terrorism,  it  is  important  to  note  that  Member  States  will  have  to  implement  the
Framework Decision on the EU Arrest Warrant by 31 December 2003. So far only  a  few
Member States have taken the required measures.  In 2004  the Commission will  present a
report on the national implementations of this Framework Decision.

Union-wide Fight against Crime

The  European  Council  meeting  in  Brussels  in  October  2003  called  for  continuous  efforts
towards  closer  police,  judicial  and  customs  co-operation  and  a  strengthening  of  law-
enforcement  co-operation,  particularly  as  concerns  the  operational  aspects  of  the  fight
against serious crime and terrorism.

Concerning the fight against terrorism, the Commission is about to present a report on the
implementation of the Framework Decision on combating terrorism, which was adopted in
December  2002.  In  addition,  by  the  end  of  the  year,  the  Commission  plans  to  present  a
Communication on the fight against the financing of terrorism accompanied by a proposal
for a decision on the exchange of information concerning terrorism.

On the operational co-operation front, under the Italian Presidency work on the project on
multinational ad hoc teams for exchanging information on terrorists has progressed, namely
with respect to the functioning of such teams.

As  for  Europol,  the  adoption  of  the  Council  Act  amending  the  Europol  Convention  in  a
large number of areas in order to increase its efficiency took place in November 2003.

Concerning customs, in  October 2003,  a  resolution  on a strategy for  customs  cooperation
has been adopted. For its part, the Commission intends to present shortly a Communication
on the future of EU police and customs co-operation.

Regarding  the  fight  against  financial  crime,  the  Commission  is  about  to  present  a
Communication on prevention and fighting against organised crime in the financial sector.
Furthermore, a report has just been prepared and will be presented in January 2004 on the
implementation of the Framework-Decision on combating fraud and counterfeiting of non-
cash means of payment, which was due for implementation by the Member States in June
2003.

In  addition,  the  Commission  is  about  to  adopt  the  report  on  the  implementation  of  the
Framework Decision on money laundering, the identification, tracing, freezing, seizing and
confiscation of instrumentalities and the proceeds from crime.

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With  respect  to  the  fight  against  corruption,  the  Council  adopted  in  July  2003  the
Framework-Decision  on  corruption  in  the  private  sector.  The  Commission  adopted  its
Communication  for  a  common  policy  against  corruption  in  May  2003.  Furthermore,  the
Commission presented a proposal in December 2003 for a Council decision authorising the
Community to sign the UN Convention on corruption.

Regarding  remaining  key  instruments  in  the  fight  against  crime,  the  Commission  regrets
that no progress has been made in the last months towards the adoption of the Framework
Decision on racism and xenophobia.

A number of new initiatives were launched under Italian Presidency and quickly agreed by
Council, namely in the fields of public order and hooliganism. The first resolution concerns
security  at  European  Council  meetings  and  other  comparable  events  and  the  second
resolution is on the use by Member States of bans on access to venues of football matches
with an international dimension.

The Commission will shortly adopt a Communication on crime prevention. As concerns the
European Crime Prevention  Network,  a  conference  designed  for  exchanging  best  practice
was held in Rome in November 2003.

The Forum on the prevention of organised  crime has  met  a  number  of  times. The subject
matters  which  have  been  discussed  are  in  particular:  the  fight  against  piracy  and
counterfeiting;  the  fight  against  corruption;  the  fight  against  trafficking  in  human  beings;
money  laundering;  the  fight  against  illicit  arms  trafficking;  proofing  of  products  against
crime; regional development and crime prevention; crime statistics.

POLICY ON INTERNAL AND EXTERNAL BORDERS AND VISAS, SCHENGEN

The  European  Council  held  in  Seville  in  2002  and  Thessaloniki  and  Brussels  in  2003
emphasised and recalled the common interest of all Member States in establishing a more
effective  management  of  external  borders,  in  particular  with  a  view  to  enhancing  the
security of citizens within the EU territory.

The  Commission  has  played  a  very  active  role  in  this  field,  which  culminated  with  the
proposal for the creation of an External Border Management Agency on 11November 2003.
The  Agency  aims  in  particular  to  enhance  operational  co-operation  between  the  national
services responsible for the control and surveillance of the external borders of the Member
States.  This  proposal  draws  on  the  experience  of  the  Common  Unit  of  External
Practitioners. The Brussels European Council of October 2003 asked the Council to reach a
political agreement on the main elements by the end of the year. The Council agreed on the
main elements for the Agency in its conclusions of 27 November 2003.

Progress has also been made towards the setting up of an air border centre. As regards the
maritime borders, two distinct centres are going to be set up, respectively in Greece for the
Eastern  Mediterranean  area  and  in  Spain  for  the  Western  Mediterranean  and  for  all  the
other sea border areas.

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Furthermore,  on  the  basis  of  the  Commission's  study  on  maritime  borders  which  was
presented in September 2003, the Council agreed in November 2003 on a work programme
on this issue.

In conjunction with that, work to implement the Council's Action Plan for the management
of  external  borders  is  proceeding  speedily  also  on  the  other  fronts.  The  Commission  is
about to submit a proposal for a regulation on the Visa Information System (VIS) and has
allocated  financial  resources  to  support  the  development  of  this  information  system,  the
management  of  external  borders  and  the  implementation  of  the  return  action  programme,
which  were  the  three  priorities  identified  by  the  European  Council.  Furthermore,  the
Commission,  within  the  framework  of  the  current  financial  perspectives,  will  pursue  the
examination of possibilities for further allocations in these fields up to 2006.

Other  Commission  proposals  presented  in  the  last  semester  to  meet  the  requests  of  the
European Council concern stamping of passports and local border traffic. A proposal on the
recast of the Common Manual of External Borders is under preparation.

In view of the need to ensure the security of documents, the European Council called upon
the Council to reach  a political agreement by the end of the  year on the two Commission
proposals  presented  in  September  2003  introducing  biometric  identifiers  in  visas  and
residence permits for third-country nationals. On this basis, the next objective is to render
the  documents  issued  to  EU  citizens  more  secure.  Following  the  positive  response  in  the
Council framework to the need to prioritise this area, the Commission has the intention of
presenting shortly a further proposal for introducing biometric identifiers in passports. This
work will also facilitate on-going discussions on this question at international level and co-
operation with third countries.

Concerning  the  setting  up  of  the  new,  second  generation,  Schengen  Information  System
(SIS II), work is in progress.

In  view  of  completing  the  arrangements  needed  to  address  the  particular  situation  of  the
enclave of Kaliningrad in view of the future external borders of the EU, the Commission is
about  to  adopt  a  decision  on  the  compensation  of  any  additional  costs  for  Lithuania
resulting  from  the  implementation  of  the  regulations  establishing  a  specific  Facilitated
Transit Documents FTD and FRTD in accordance with Protocol No 5 on the transit by land
between the region of Kaliningrad and other parts of the Russian Federation attached to the
2003 Act of Accession.

In view of enhancing security standards at the future external borders of the EU, for seven
of  the  ten  countries  signing  the  accession  treaties,  a  specific  and  additional  financing
mechanism is being set up to finance actions for the implementation of the Schengen acquis
and external border control. The Commission is completing the necessary preparatory work
and will shortly adopt a Decision on the management and implementation of the Schengen
Facility.

Finally,  as  regards  visas,  the  Council  adopted  in  July  2003  the  regulation  in  view  of
facilitating the issuance of visas to the Olympic family for the Games in Athens in 2004.

11

 
CITIZENSHIP OF THE UNION

Good  progress  has  been  made  towards  the  adoption  of  the  directive  on  the  right  of  EU
citizens and their families to free movement and stay in the territory of the European Union.
Following the modified proposal of the Commission in April 2003, the Council reached a
political  agreement  in  September  and  is  about  to  adopt  the  Common  Position  for
transmission to the European Parliament in December 2003.

This measure recasts in a single instrument all existing EC legislation on free movement of
people  and  will  greatly  simplify  the  administrative  procedures  that  EU  citizens  and  their
families  have  to  comply  with  when  they  decide  to  move  to  and  reside  in  another  EU
Member State.

CO-OPERATION IN THE FIELD OF DRUGS

The European Council of Brussels in October 2003 reaffirmed the importance of the fight
against drugs trafficking and called on the Council to adopt the Commission's proposal for
a framework decision on this subject, if possible, by the end of 2003.

In  fact,  in  November  2003,  the  Council  reached  a  political  agreement  on  this  framework
decision laying down minimum provisions on the constituent elements of criminal acts and
penalties  in  the  field  of  drugs  trafficking.  The  Commission  regards  the  adoption  of  this
proposal as a  key achievement  in view  of  the  completion  of  an  area  of  freedom,  security
and justice.

In November 2003, the Commission presented a Communication on co-ordination on drugs
in  the  European  Union.  Given  that  this  is  a  complex,  multifaceted  problem  involving  a
large  number  of  players,  effective  coordination  between  all  of  them  is  essential.  This
implies an appropriate level of coordination both within and between the European Union
institutions  and  the  Member  States.  This  is  one  of  the  key  points  of  drugs  policy,  since
coordination goes to the heart of national and European decision-making processes.

The implementation plan regarding reduction  of demand and offer of drugs, linked to the
implementation  of  the  Plan  of  Action  against  Drugs  (2000-2004),  was  adopted  by  the
Council  in  June  2003.  Member  States,  the  Commission,  the  OEDT  and  Europol  are
currently  implementing  the  actions  scheduled  in  that  plan.  In  June  2003,  the  Council
adopted  the  recommendation  concerning  the  prevention  and  reduction  of  risks  linked  to
drug addition.

In  October 2003, the Commission  presented  a  proposal  for  a  Council  decision  modifying
and replacing the Joint Action of 16 June 1997 on synthetic drugs.

Finally, in November  2003 the  Council  agreed  on  a  Council  Decision  concerning  control
measures and criminal sanctions in respect to the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7
and TMA 2.

12

 
STRONGER EXTERNAL ACTION

On 29 October 2003 the provisional closure of chapter 24 on justice and home affairs with
Bulgaria  took  place.  The  monitoring  process  will  be  pursued  until  accession.  Concerning
Romania, the negotiations on chapter 24 continue and it could still be possible to submit a
draft common position by the end of the year.

Relations with Turkey concerning the justice and home affairs matters are intensifying. A
number  of  activities  are  on  the  way  to  strengthen  the  JAI  dialogue,  including  twinnings,
seminars and technical working groups.

Very positive progress has been made in view of the signature of the Agreement between
the  EU  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  on  the  application  of
certain  provisions  of  the  2000  Convention  on  Mutual  Legal  Assistance  and  the  2001
Protocol thereto, which is expected by the end of the year.

Concerning  the  Western  Balkans,  justice  and  home  affairs  is  probably  the  single  most
important sector in the relations of the EU with these countries at the moment, as reflected
in the conclusions of the European Council of Thessaloniki. The development of a strategy
to fight against organised crime is at the top of the agenda and the Commission is preparing
new institution building measures in response. Border management, judiciary and migration
issues  are  also  key  priorities  for  technical  assistance.  A  Justice  and  Home  Affairs
Ministerial Troïka was held on 28 November 2003. In addition, an EU Action Plan against
drugs for the Balkans was adopted by the Council in June 2003.

The six-monthly Summit with Russia took place on 6 November 2003. Among the issues
under discussion figured the good progress made in 2003 in relation to the transit of persons
through the enclave of Kaliningrad. Further progress is still needed on the implementation
of the Action Plan to fight against organised crime. With Ukraine, progress has been made
on the implementation of the JHA action plan and its scoreboard.

On  25  June  2003,  agreements  between  the  EU  and  the  United  States  on  extradition  and
judicial co-operation in criminal matters were signed.

Negotiations on readmission agreements are under way, and progress is reported above in
the chapter "A common asylum and migration policy".

Concerning multilateral instruments, the Council adopted in October 2003 conclusions on
the implementation of the European Arrest Warrant and its relations with the instruments of
the Council of Europe in the field of extradition.

The UN Convention on transnational organised crime entered into force on 29 September
2003. On 22 August 2003, the Commission adopted a proposal for a Council Decision for
the  conclusion  on  behalf  of  the  European  Community  of  the  UN  Convention  against
transnational organised crime and its supplementing protocols on trafficking in persons and
smuggling of migrants.

The UN Convention on corruption is expected to be signed by December 2003.

13

 
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  formal  adoption  following  the  lifting  of
national reservations.

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 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 (political agreement)

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 (political agreement)

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

Proposal  for  a  Council  Regulation  amending  Regulation  (EC)  1683/95  laying
down a uniform format for visas

Proposal  for  a  Council  Regulation  amending  Regulation  (EC)  1030/2002  laying
down a uniform format for residence permits for third-country nationals

14

 
– 

– 

– 

– 

Proposal for a Council Regulation laying down the requirements for the competent
authorities of the Member States to stamp systematically  the  travel  documents  of
third-country nationals when they cross the external borders of the Member States
and  amending  the  Convention  implementing  the  Schengen  Agreement  and  the
Common Manual to this end

Proposal  for  a  Council  Regulation  on  the  establishment  of  a  regime  of  local
border traffic at the external land borders of the Member States

Proposal  for  a  Council  Regulation  on  the  establishment  of  a  regime  of  local
border traffic at the temporary external land borders between Member States

Proposal  for  a  Council  Regulation  establishing  a  European  Agency  for  the
management of operational co-operation at the external borders

EU citizenship:

– 

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

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

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 (political agreement)

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 (political agreement)

Proposal for a Council Decision on combating racism and xenophobia

Proposal  for  a  Council  Framework  Decision  on  attacks  against  information
systems (political agreement)

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

15

 
– 

– 

– 

– 

– 

– 

– 

Proposal  for  a  Council  Decision  concerning  the  analysis  and  cooperation  with
regard to counterfeit euro coins

Proposal  for  a  Framework  Decision  on  the  European  Evidence  Warrant  for
obtaining objects, documents and data for use in proceedings in criminal matters

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 (political agreement)

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 (political agreement)

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 of the Republic of Greece for the adoption of a Framework Decision on
the application of the "ne bis in idem" principle.

16

 
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).

17

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

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

Transposition

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

Council 
Commission

and

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

of 
regions 

Council 
Commission

and

April 2001

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

instrument 
with 

Council 
Commission

and

As  soon  as
possible

The  Commission  has  committed  the
€10 million entered in the  2001 budget
and  the  €12.5  million  allocated  by  the
budgetary  authority  in  2002  and  €20
million in 2003.

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

Following  this  report  adopted  by  the
Council,  the  High-Level  Group  has
decided for the moment to launch no
new action plans.

As  requested  by  the  Thessaloniki
European  Council,  an  evaluation
mechanism 
to
monitor  relations  with  third  countries
on combating illegal immigration.

in  preparation 

is 

June  2003 

the  Commission
In 
presented  a  proposal  for  a  Regulation
establishing  a  programme  for  financial
and 
third
countries  in  the  area  of  migration  and
asylum2

technical  assistance 

to 

Parliament  Opinion 
2003

in  December

Adoption  by  codecision  scheduled
for early 2004

Programming  scheduled  for  first  half
of 2004

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.

1

2

Follow-up to EP resolution of 30 March 2000. See also 2.4, Management of migration flows.
COM(2003)355, 11.6.2003.

18

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
if 
and, 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Actions 
progress made

planned 

and

Examination 
the
effectiveness  of  the  Dublin
Convention

of 

Adoption  of  criteria  and
mechanisms (regulation)

Evaluation 
to
be  conducted
by 
the
Commission

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

2000

Final evaluation report presented in April 20013

April 2001

Commission  staff  working  document  presented  in  March
2000.4

 Commission  proposal  of  July  2001 
for  a  Regulation
determining  the  Member  State  responsible  for  examining  an
asylum  application5  and  Commission  Regulation  of
September 2003 laying down rules for the implementation of
Regulation No 343/2003.6

Parliament  opinion  in  April
20027

Adopted  by  the  Council  in
February 20038.

Adoption  by  the  Council  in
May  2003  of  a  Decision
authorising  the  Commission
to negotiate with Denmark.9

Entry  into  force:
17.3.2003

Directly
applicable

3

4

5

6

7

8

9

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).
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 (COM(2001) 447, 26.7.2001).
Commission Regulation No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing 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 (OJ L 222, 5.9.2003).
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.

19

 
                                                
Austrian initiative in November 2002 for a Council Regulation
determining the States which qualify as safe third States.10

Parliament opinion (rejection)
in September 200311

Finalise work on EURODAC

Council 
Commission

and

Commission  proposal in  May  1999,  for  a  Council  Regulation
the  Eurodac  system,12  amended 
in  March
establishing 
2000.13

EP  Opinions  in  November
199914 
September
200015

and 

Regulation  adopted  by  the
Council  in  December  2000
and  implementing  regulation
in February 2002.1617

Entry  into  force:
15.1.2003.

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

Implementation 
a
communal  control  authority
on 28 November 2002

of 

Eurodac  began  its  activities
on 15.1.2003

In  the  first  quarter  of  2004
the  Commission  is  planning
to 
report
evaluating  the  first  year  of
Eurodac activity.

present 

a 

10

11

12

13

14

15

16

17

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.
A5-0210, 13.6.2003.
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).

20

 
                                                
Objective: A fair and efficient asylum procedure

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

of 
standards 

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

of 

conditions 

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

April 2001

Commission  proposal  for  a  directive  in  September  2000,18
amended in June 2002,19 in accordance with the conclusions
of the Laeken European Council.

Parliament 
September 200120

opinion 

in

Council  conclusions  adopted
in December 200121

.

in  progress 

Work 
Council.

in 

the

The  Seville  and  Thessaloniki
European Councils asked the
the
Council 
Directive by 2003.

to  approve 

April 2001

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

Commission proposal for a Council Directive in April 200122.

Parliament  opinion  in  April
200223

Adopted  by  the  Council  in
January200324.

Implementation:
no 
than
later 
6.2.2005.

18

19

20

21

22

23

24

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, 25.04.2002.
OJ L 31, 6.2.2003.

21

 
                                                
Common asylum procedure

Commission
(in part)

Commission communication in November 2000, proposing an
approach  in  two  stages  to  establish  a  common  European
asylum system based on a common procedure and a uniform
status.25

Parliament  opinion  October
2001.26

First  Commission  progress  report,  November  2001,  on  the
common  asylum  policy,  introducing  an  open  coordination
method,27  and  second  report,  March  2003,  on  the  common
asylum policy and the Agenda for Protection.28

Commission  communication 
implementation of the Action Plan.29

in  June  2003  on 

the

to 

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

(Asylum 

to 

present 
on 

In  2004  the  Commission  is
a
planning 
communication 
the
establishment  of  a  single
procedure 
for  examining
requests for protection in the
a
Member  States 
proposal for a decision.

and 

25

26

27

28

29

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).
Communication from the Commission to the Council and the European Parliament - Towards more accessible, equitable and managed asylum systems (COM(2003)315, 3.6.2003).

22

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

Action needed

Responsibilit
y

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 

follow-up 

As  a 
Commission
communication, a legislative
instrument may be needed

the

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

Commission  Communication 
previous point)

in  November  2000 

(see

Commission progress report (see previous point)

April 2004

Commission proposal for a Directive in September 2001.30

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Parliament  opinion  October
2002.31

in  progress 

Work 
Council.

in 

the

Seville 

The 
European
Council  asked  the  Council  to
approve 
the  Directive  by
June  2003,  extended  to  the
by 
end 
the
2003 
Thessaloniki 
European
Council.

of 

30

31

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.

23

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

As  soon  as
possible

Commission proposal for a Directive in May 2000.32

Commission  Opinion33  on  the  request  by  Ireland  to  accept
Directive 2001/55/EC and the Commission Decision34.

Parliament  opinion  March
2001.35

Adopted  by  the  Council  in
July 2001.36

A report on the Directive is
to  be  presented  early  in
2005.

Deadline 
for
Implementation:
31.12.2002

Subsidiary 
protection (directive)

forms 

of

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

April 2004

Commission proposal for a Directive in September 2001 (see
preceding objective).37

Parliament  opinion  October
2002.38

Seville 

 The 
European
Council  asked  the  Council  to
approve 
the  Directive  by
June  2003,  extended  to  the
by 
end 
the
2003 
Thessaloniki 
European
Council.

of 

to 

present 
on 

On  2004  the  Commission  is
a
planning 
communication 
the
establishment  of  a  single
procedure 
examining
for 
requests  for  protection  in  the
Member  States  and  possibly
a proposal for a decision.

32

33

34

35

36

37

38

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).
COM(2003)907 final, 6.8.2003.
C(2003)3428 final, 2.10.2003.
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.

24

 
                                                
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

Responsibilit
y

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 
progress made

planned 

and

Setting  up  a  European
Refugee Fund (decision)

As  soon  as
possible

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

Commission proposal for a Council directive in December
1999.39

Parliament  opinion  in  April
200040

the
Decision  adopted  by 
Council in September 200041

Transposition

2000-2003
exercises  under
way.

Commission 

The 
is
preparing  a  proposal  for  a
the
decision 
implementation 
the
European  Refugee  Fund  for
2005-2010.

on 

of 

In March 2003 the Commission presented its programme of
work on ERF.

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

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

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

39

40

41

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.

25

 
                                                
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 xenophobia42

Action needed

Responsibilit
y

Timetable
for
adoption

of 

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

June-
December
2000

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

for 

Programmes  drawing  upon
and
practices 
best 
experiences (decision)

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

State of play

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

Commission  proposal  for  a  Council  directive  in  November
1999.43

Parliament  opinion  in  May
2000.44

Directive 
2000/43/EC
adopted  by  the  Council  in
June 2000.45

Commission  proposal  for  a  Council  directive  in  November
1999,46 amended in October 2000.47

Parliament  opinion  October
2000.48

Directive 
2000/78/EC
adopted  by  the  Council  in
November 2000.49

for 

Commission 

has
The 
infringement
launched 
to
failure 
proceedings 
transposal  measures
notify 
and 
such
is 
measures  as  have  been
notified for conformity with the
Directive.

scrutinising 

Transposition

Implementation
deadline:
19.07.2003.

Implementation
deadline:
2.02.2003.

Commission  proposal  in  November  199950  for  a  Council
Decision  establishing  a  programme  to  support  the  Member
States' efforts, amended in October 2000.51

Parliament  opinion  October
2000.

Decision  adopted  by 
Council 
2000.52

the
November

in 

Work  programme 
for  2004
adopted  on  21  November
2003.

Programme  runs
from  1.1.2000  to
31.12.2006

42

43

44

45

46

47

48

49

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.

26

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

with 

Council 
Commission

/

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

At  the  end  of  the  first  half  of  2003,  the  Commission  is
planning  to  present  a  communication  on  the  Observatory's
results and a recasting of Regulation No 1035/97.53

in  progress 

Work 
Council and Parliament

in 

the

police 
cooperation 

and
Enhancing 
judicial 
in
preventing  and  combating
racism  and  xenophobia  -
common  charges  for  racism
and  xenophobia  (framework
decision)54

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Commission proposal for a Framework Decision in November
2001.55

Parliament  opinion 
200256

in  July

in  progress 

Work 
Council.

in 

the

Council  conclusions  on 
Semitism and xenophobia adopted in April 2002.

the 

fight  against  racism,  anti-

50

51

52

53

54

55

56

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.
Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the Activities of the European Monitoring Centre on
Racism and Xenophobia, together with proposals to recast Council Regulation (EC) 1035/97: COM(2003)483, 6.8.2003.
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.

27

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

regard 

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

Council 
/
Commission  /
Member
States

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Commission communication on combating illegal immigration
in November 2000.57

Parliament 
October 2001.58

opinion 

in

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

from 

Communication  on 
coordination policy.59

the 

implementation  of  an  open

Parliament 
2003.60

opinion 

June

Council 
discussions
scheduled before June 2003.

57

58

59

60

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).
A5-224/03, 12.6.2003.

28

 
                                                
Commission  proposal  for  a  Council  directive  on  family
reunification  in  December  1999,61  amended  in  October
200062  and  May  2002,63  in  accordance  with  the  conclusions
of the Laeken European Council.

Parliament 
in
September  200064  and  fresh
opinion in April 2003.65

opinion 

Adopted  on  22  September
2003. 66

2003 

In  December 
the
Commission  is  planning  to
present  a  proposal 
for  a
directive  and a plan  of action
on  the  conditions  for  entry
and  residence  of  research
workers from third countries.

The  Commission  presented  a  proposal  for  a  directive  on
admission for employment in July 2001.67

Parliament 
February 200368

opinion 

in

in  progress 

Work 
Council.

in 

the

The  Commission  presented  a  proposal  for  a  directive  on
admission for the purposes of studies, vocational training and
voluntary service in October 2002.69

Parliament  opinion  in  June
2003.70

Work 
Council

in  progress 

in 

the

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

See below.

61

62

63

64

65

66

67

68

69

70

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.
OJ L 251, 3.10.2003, p. 12.
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.
Proposal for a Council directive on the conditions of entry and residence of third-country nationals for the purpose of studies, vocational training or voluntary service (COM(2002)548, 7.10.2002).
A5-0137/03, 28.4.2003.

29

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

the 

right 

(e.g. 

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

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

Council conclusions adopted in November 2000

Commission proposal for a directive on long-term resident status in
March 2001.71

Parliament 
February 200272

opinion 

in

Adopted  by  the  Council  in
November 2003

 Proposal  for  a  Council  Regulation  extending  the  provisions
of  Regulation  (EEC)  No  1408/71  to  nationals  of  third
countries  who  are  not  already  covered  by  these  provisions
solely on the ground of their nationality in February 2002.73

Parliament 
November 200274

opinion 

in

Regulation (EC) No 859/2003
adopted  by  the  Council  in
June 200375

to 

present 

In  2004  the  Commission  is
planning 
a
proposal  for  a  directive  on
long-term  resident  status  for
persons
refugees 
and 
enjoying 
international
protection.

71

72

73

74

75

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, 21.11.2002.
OJ L 124, 20.05.2003, p. 1.

30

 
                                                
Commission  communication  on 
implementing  an  open
coordination policy on immigration in July 2001 (see above).76

Parliament  opinion  in  June
2003.77

Council 
discussions
scheduled before June 2003.

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

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

Commission  proposal  for  a  directive  on  long-term  resident
status in March 2001.78

Parliament 
February 200279

opinion 

in

Adopted  by  the  Council  in
November 2003

to 

present 

In  2004  the  Commission  is
planning 
a
proposal  for  a  directive  on
long-term  resident  status  for
persons 
enjoying
international protection.

In  June  2003  the  Commission  is  planning  to  present  a
communication 
and
employment.80

immigration, 

integration 

on 

In  the  second  half  of  2004
the  Commission  is  planning
report  on
to  present  a 
immigration and integration.

76

77

78

79

80

Communication from the Commission to the Council and the European Parliament on an open method of coordination for the Community immigration policy (COM(2001) 387, 11.7.2001).
A5-0224/03, 19.6.2003.
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.
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  on  immigration,  integration  and  employment
(COM(2003)336, 3.6.2003).

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

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

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

Commission,
in  cooperation
with  Member
States

Commission Communication in April 2003,  presenting a plan
of action for gathering and analysing Community statistics on
migration.81

Parliament  opinion  expected
in November 200382.

to 

The  Commission  is  shortly
planning 
a
proposal  for  a  regulation  on
on
statistics 
Community 
immigration and asylum.

present 

Setting  up  of  a  European
Migration  Observatory 
/
Network

Commission

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

launched 

Action 
by
establishing  national  contact
points in December 2002.

Work  plan  to  be  established
2003.  Meeting  with
in 
in
national  contact  points 
May 2003.

81
82 

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.
A5-0352/2003, 6.11.2003

32

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

Action needed

Responsibilit
y

Timetable
for
adoption

Adoption 
of  measures
establishing  minimum  rules
constitutes  a
on  what 
criminal  act  and  what
penalties  should  apply 
to
organised  crime  linked  with
trafficking  of  human  beings
(framework decision)83

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

State of play

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

The  Commission  tabled  a  proposal  for  a  Council  framework
decision  on  combating 
in
December 2000.84

in  human  beings 

trafficking 

Parliament  opinion  in  June
2001.85

Adopted  by  the  Council  in
July 2002.86

The  French  Presidency  presented  two  initiatives,  one  for  a
directive and one for a  framework decision,  on the liability  of
traffickers.87

Parliament opinion (rejection)
in February 2001.88

Adopted  by  the  Council  in
November 2002.89

criminal 

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

illegal 

Member
States
/Commission/
Europol

Commission  Communication 
common policy on illegal immigration90

in  November  2001  on  a

Communication  in  June  2003  on  the  development  of  a
common  policy  on 
immigration,  smuggling  and
trafficking  of  human  beings,  external  borders  and  the  return
of illegal residents91.

illegal 

Decision 
Eurojust  adopted  by 
Council in February 2002.92

establishing
the

Implementation  of  Council
action plan.

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

by 

Transposition

for

Deadline 
implementation:
1.8.2004

Deadline 
for
Implementation:
5.12.2004

-  one  year  for
short-term
measures;  three
years 
for
medium-term
measures.

83

84

85

86

87

88

89

90

91

92

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).
Communication from the Commission to the European Parliament and the Council in view of the European Council of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking
of human beings, external borders and the return of illegal residents (COM(323), 3.6.2003).
Plan to combat illegal immigration and trafficking in human beings in the European Union (JAI 30 rev1 – 6621/1/02).

33

 
                                                
Commission  proposal  for  a  directive  on  a  residence  permit
issued to victims of trafficking in human beings.93

Parliament 
December 200294

opinion 

in

Council political agreement in
November 2003.

the 

in  May
Council  adoption 
2003 
Brussels
of 
Declaration  on  prevention  of
trafficking  in  human  beings
and 
the
combating 
phenomenon.95

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

illegal 

and 

Commission  proposal 
for  a  decision  establishing  an
information and coordination network (in conjunction with the
Iconet early warning system) in October 2003.

in 

(CIREFI) 

in  progress 

Work 
Council 
improving 
exchanges 
against 
networks (see above).

the
on
information
action
immigration

illegal 

and 

Initiative by the Hellenic Republic for a Council Regulation to
establish a network of immigration liaison officers

Parliament  opinion  expected
in November 200396

Adoption  by 
the  Council
expected by the end of 2003.

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

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

Initiative by the F presidency in July 2000 for a proposal for a
Council  directive97  and  ES  initiative  in  February  2003  for  its
adaptation  as 
to  communicate
passenger data98.

the  obligation 

regards 

Parliament opinion (rejection)
in March 2001.99

Adopted  by  the  Council  in
June 2001.100

with 

Organisation  by  professional
the
bodies, 
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

93

94

95

96

97

98

99

100

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.
OJ C 137, 12.6.2003.
A5-0344/2003, 6.11.2003.
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).
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).
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

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

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

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

Promotion 
return

of 

voluntary

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

in 

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

April 2001

The  Commission  has  committed  the  €10  million  entered  in
the 2001 budget, the €12.5 million allocated by the budgetary
authority in 2002 and the €20 million allocated for 2003.

Parliament  opinion  in  June
2003.104

In  December 
Communication  on 
European Union's relations with Third Countries 101:

Integrating  migration 

the  Commission 

2002 

adopted 
in 

issues 

a
the

Project  selection  for  2003  in
progress.

intensive
Conclusions  on 
cooperation 
the
management  of  migratory
flows  adopted  by  Council  in
November 2002.

in 

Commission  working  paper
on  intensifying  cooperation
with 
countries  on
migration (October 2003).

third 

1. Migration and development

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

In  July  2003  the  Commission  presented  a  proposal  for  a
decision establishing a programme for financial and technical
assistance  to  third  countries  in  the  area  of  migration  and
asylum  and  in  June  2003  establishing  a  programme  for
financial and technical assistance102103.

Council  conclusions  in  May
2003, asking the Commission
to  prepare  a  report  on  their
implementation by 2004.

Parliament 
December 2003.

Opinion 

in

to 

legal 

the  second  quarter  of
In 
is
the  Commission 
2004 
planning 
a
present 
communication  on  a  study
on 
illegal
immigration in the EU, and a
report at  the  end  of  2004  on
relations  with  third  countries
in  the  fight  against  illegal
immigration,

and 

Adoption 
scheduled for early 2004.

by 

codecision

101

102

103

104

COM(2002)703, 3.12.2002.
Proposal for a Regulation of the European Parliament and of the Council establishing a programme for financial and technical assistance to third countries in the area of migration and asylum (COM(2003)355, 11.6.2003).
See also table on “Partnership with countries of origin”.
A5-0224/03, 19.6.2003.

35

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress 
and, 
if 
Parliament

in  the  Council
appropriate,

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions 
progress made

planned 

and

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

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.

Parliament  opinion 
Kong) in December 2002105

(Hong

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  2002  and  with  Albania,
Algeria,  China  and  Turkey  in
November 2002.

(October 

The  European  Councils  at
Seville 
(June  2002)  and
2003)
Brussels 
asked  for  the  conclusion  of
readmission being negotiated
to 
and
facilitated.

expedited 

be 

105

A5-0382/02, 19.12.2002.

36

Readmission 
agreement
signed with Hong Kong on 27
November  2002  and  with
Macao  on  13  October  2003,
conclusion  and  entry 
into
force  scheduled  for  first  half
of 2004.

Readmission 
agreement
initialled with Sri Lanka on 30
May 
signing
scheduled  for  before  end  of
2003.

2002 

and 

Negotiations  with  Albania
completed 
in  November
2003.

Morocco 

Negotiations  under  way  for
readmission agreements  with
and
Russia, 
Ukraine.  Negotiations 
to
open  with  Turkey,  China,
Pakistan  and  Algeria  in  the
first half of 2004.

Council, 

report  at 

As requested by the Brussels
European 
the
Commission  is  planning  to
present  a 
the
beginning  of  2004  on  the
priorities  of  a  common  policy
on 
and
readmission 
measures to make a success
of such a policy.

 
                                                
The  Commission  will  very
shortly  be  presenting  a
for  a  decision
proposal 
financial
establishing 
instruments for returns.

a 

to 

present 

In  2004  the  Commission  is
planning 
a
proposal  for  a  directive  on
for
minimum 
asylum  procedures  and  the
mutual 
of
decisions.

recognition 

standards 

Development  of  common
minimum 
on
repatriation

standards 

Council 
/
Commission  /
Member
States

Initiative by the French Presidency in July 2000 for a Council
directive.106

Parliament opinion (rejection)
in March 2001.107

Adopted  by  the  Council  in
May 2001.108

Council, 

as
2002, 
In  November 
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.

In  April  2002  the  Commission  presented  a  Green  Paper,109
and  a  communication  adopted  in  October  2002  set  out  its
thinking  on  a  programme  of  action  concerning
initial 
returns.110

in  progress 

Work 
Council.

in 

the

106

107

108

109

110

Initiative of the French Republic with a view to adopting a Council Directive on mutual recognition of decisions on the expulsion of third country nationals (OJ C 243, 24.8.2000).
A5- 0065/2001, 13.3.2001.
OJ L 149, 2.6.2001.
Green Paper 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).

37

 
                                                
the  criteria  and  practical  arrangements 

Commission proposal in February 2003 for a Decision setting
out 
the
compensation  of  the  financial  imbalances  resulting  from
mutual recognition of expulsion decisions.111

for 

Parliament opinion (rejection)
in June 2003.112

Council political agreement in
November 2003.

DE  initiative  in  January  2003  for  a  Council  Directive  on
assistance in cases of transit for the purposes of removal  by
air.113

Parliament opinion (rejection)
in  April  2003114  and  fresh
opinion 
September
2003.115

in 

Adopted  by  the  Council  in
November 2003.

IT  Initiative  in  September  2003  on  assistance  in  cases  of
transit through the territory of one or more Member States116.

Will  not  be  adopted  by  the
Council.

The  Council  will 
adopt
conclusions on assistance for
transit through the  territory  of
one or more Member States.

IT  Initiative  in  September  2003  on  the  organisation  of  joint
flights for removals of third-country nationals117.

Council political agreement in
November 2003.

111

112

113

114

115

116

117

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).
A5-0166/03, 21.5.2003.
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.
A5-0291/03, 9.9.2003.
Initiative of the Italian Republic with a view to adopting a Council Directive on assistance in cases of transit through the territory of one or more Member States in the context of removal orders taken by Member States
against third-country nationals (OJ C 223, 19.9.2003).
Initiative  of  the  Italian  Republic  with  a  view  to  adopting  a  Council  Decision  on  the  organisation  of  joint  flights  for  removals  of  third-country  nationals  illegally  present  in  the  territory  of  two  or  more  Member  States
(OJ C 223, 9.9.2003).

38

 
                                                
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

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

campaign 

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

Commission

In  October  2002, 
the
Commission  organised  a  joint  Conference  with  the  Council  of
European public information and access to justice;

improve  users' 

information, 

to 

Comparable  information  sheets  on  legal  aid  have  been
prepared with the Council of Europe

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.  (a  poster,  a
general-public brochure, a leaflet for judges).

The  Commission  has  launched  an  information  campaign  on
judicial  cooperation  in  civil  and  commercial  matters  that  will
actually run in 2004.

The  Commission,  jointly  with  the  Council  of  Europe,  has
designated  25  October  as  European  Day  of  Civil  Justice.
European and national events will be held around that date.

39

An 
information
campaign  has  been
launched for 2003.

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

Council,  on  the
basis 
a
proposal  by  the
Commission

of 

 2001

Commission  proposal  for  a  Council  decision  setting  up  a
network.118

Parliament  opinion  in  April
2001119

 Adopted by the Council at
the end of May 2001.120

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

The  website  came  on  line  in  March  2003.  It  contains  data-
sheets  on  a  variety  of  topics  related  to  civil  justice  in  the
Member  States,  the  Community  and  internationally,  in  all  the
Community languages.

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

The site will continue to
be  developed  in  2004,
particularly 
through
extension  to  the  new
Member  States  and
their languages.

Commission  proposal  for  a  Council  Regulation  establishing  a
general  framework  for  Community  activities,121  amended  in
November 2001.122

EP  Opinions 
2001123 and March 2002124

in  October

Regulation adopted by the
Council in April 2002.125

Proposal  to  establish  minimum
standards of legal aid

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

April 2004

Following presentation of its Green Paper in February 2000,126
the  Commission  organised  a  hearing  in  February  2001  and
presented  a  proposal  for  a  directive  on  legal  aid  in  January
2002.127

Parliament 
September 2002129

opinion 

in

Adopted  by  the  Council  in
January 2003130

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

Commission  Decision  expected  in  May  2003  establishing  a
legal aid applications transmission form.128

Commission  proposal  for  a  Directive  on  access  to  justice  in
environmental matters131

118

119

120

121

122

123

124

125

126

127

128

129

130

131

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).
Commission Decision of 18/6/2003 establishing a form for the transmission of legal aid applications under Council Directive 2003/8/CE of 27/1/2003 to improve access to justice in cross-border disputes by establishing
minimum common rules relating to legal aid for such disputes (C(2003)1829, 18.6.2003).
A5-312/02, 25.9.2002.
OJ L 126, 31.1.2003
Proposal for a Parliament and Council Directive on access to justice in environmental matters (COM(2003) 624 final, 24.10.2003).

40

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

civil 

for 

April 2004

Commission  proposal  in  April  2002  for  a  regulation  on
uncontested  claims132  and  amended  proposal  in  June  2003
following Parliament’s opinion133

Parliament  opinion  in  April
2003134

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

Commission  Green  Paper  in  December  2002  on  a  European
order for payment procedure and  on measures to  simplify  and
speed up small claims litigation.135

Proposal  for  a  regulation  in  November  2003  to  establish  a
procedure for a European order for payment procedure.

Work  in  progress  in  the
Council

In 
the
2004 
Commission is planning
to  present  a  legislative
proposal 
small
claims.

on 

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

the  Commission 

In 
the
2004 
Commission is planning
to  present  a  Green
Paper  on  maintenance
claims.

132

133

134

135

Proposal for a Council Regulation creating a European enforcement order for uncontested claims (COM(2002)159, 18.4.2002).
Amended proposal for a Parliament and Council Regulation creating a European enforcement order for uncontested claims (COM(2003)341, 11.6.2003).
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).

41

 
                                                
Proposal  to  establish  minimum
standards of quality for ADR

Member  States
to  set  up 
the
extra-judicial
procedures

April 2004

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

 Work  was  started  in
2003 
to  develop  a
European  plan  for  best
practice in mediation.

In 
the
2004 
Commission is planning
to  present  a  proposal
for  a  directive  on
alternative 
dispute
resolution.

June 

2003 

A  conference  was  held
in 
to
evaluate the pilot phase
the  EEJ-Net.  The
of 
Commission  will 
then
present  a  report  to  the
Council  and  Parliament
in  the  first  quarter  of
2004.  The  number  of
systems 
in  FIN-NET
will  be  extended  as  far
as  can  be.  This  will
concern
particularly 
bodies  in  the  acceding
countries 
and
investment services.

European  Extra-Judicial  Network  (EEJ  Net)  for  consumers
launched by the Commission in October 2001.136

FIN-NET  launched  by  the  Commission  for  the  extrajudicial
settlement of disputes relating to financial services. There  was
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 2002.137 The Commission organised a public
hearing on the Green Paper in February 2003.

Parliament  opinion  March
2003.138

136

137

138

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.

42

 
                                                
SOLVIT  network  for  the  resolution  of  problems  of  poor
application  of 
rules  by  national
internal  market 
administrations launched by the Commission in July 2002.139140
The  March  2002  Internal  Market  Council  gave  a  favourable
reception to this.141

the 

Establishment  of  multilingual
forms  mutually  recognised  as
valid 
judicial
in  cross-border 
proceedings

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

April 2004

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

Commission  Decision  in  June  2003  establishing  a  legal  aid
applications transmission form.142

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

Since  November  2003
SOLVIT has been open
to 
and
MEPs 
organisations  such  as
the  Euro  Info  Centres,
Euroguichets,
chambers  of commerce
and  industry  and  trade
associations to put their
disputed  cases  directly
on-line.

2003 

the
In 
is
Commission 
on
embarking 
for
preparatory  work 
the  establishment  of  an
additional form for legal
aid applications.

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

The  European  Judicial
Atlas  (civil),  will  also
forms
contain  all 
judicial
used 
in 
cooperation 
civil
matters.

the 

in 

139

140

141

142

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.
Commission Decision of 18/6/2003 establishing a form for the transmission of legal aid applications under Council Directive 2003/8/CE of 27/1/2003 to improve access to justice in cross-border disputes by establishing
minimum common rules relating to legal aid for such disputes (C(2003)1829, 18.6.2003).

43

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

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,
if 
Parliament

Actions planned and
progress made

Drawing 
standards 
victims

up 
of  minimum
for  protection  of

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

2002

Commission Communication presented in July 1999.143

Initiative  by  the  Portuguese  Presidency  for  a  Framework
Decision on the status of victims.144

Parliament 
December 2000145

opinion 

in

Framework 
Decision
adopted  by  the  Council  in
March 2001.146

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

143

144

145

146

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.

44

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

or

on

First
Commission
report,  on 
the
basis  of  Art.  18
of 
the
Framework
Decision
scheduled 
for
December 2003.

 
                                                
instruments 

Further 
on
approximation  of  compensation
arrangements for victims

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

2004

Commission  Green  Paper  on  compensation 
for  victims
presented  in  September  2001147  and  followed  by  a  public
hearing on 21 March 2002.

Parliament 
September 2002148

opinion 

in

Commission  proposal  for  a  directive  on  compensation  in
October 2002.149

Parliament  opinion  October
2003.

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

decisions 

such 

into 

Covered  by  Article  1(b)(iv)  of  the  draft  framework  Decision  on
the  application  of  the mutual recognition principle to pecuniary
penalties and Council Regulation No 44/2001 of 22.12.2000 on
jurisdiction  and  the  recognition  and  enforcement  of  judgments
in civil and commercial matters.150

Included in the mutual
recognition
programme 
criminal matters.

in

147

148

149

150

Green paper - Compensation to crime victims (COM(2001) 536, 28.9.2001).
A5-0309/02 , 24.9.2002.
Proposal for a directive - Compensation to crime victims (COM(2002) 562, 16.10.2002).
OJ L 12, 16.01.2001.

45

 
                                                
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 rights151

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

Council 
Commission

and

End 2000

The  mutual  recognition  programme  was  adopted  by  the
Council in November 2000152. It covers four areas:

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

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

151

152

See also table on "Greater convergence in civil law".
OJ C 12, 15.1.2001.

46

 
                                                
for the second area,

Commission  working  paper 
recognition of decisions on parental responsibility;153

in  March  2001  on  Mutual

Commission  proposal  in  September  2001  for  a  Regulation  to
complement the Regulation matrimonial matters and in matters
of parental responsibility .154

Withdrawn 
the
Commission,  incorporated  in
the proposal of May 2002.

by 

for  a  decision
Commission  proposal 
authorising  the  Member  States  to  sign  the  Hague  Convention
of  1996155  and  proposal  expected  in  May  2003  for  a  Decision
authorising the Member States to ratify the Convention.156

in  October  2001 

Parliament on the  ratification
proposal in October 2003.

Signature  decision  adopted
by  the  Council  in  December
2002.157

French  Initiative  in  July  2000  for  a  Regulation  on  rights  of
access to children.158

Parliament 
December 2000.159

opinion 

in

Commission  proposal  in  May  2002160  to  merge  the  French
initiative, 
for  a  regulation  of
September 2001 and Regulation (EC) No 1347/2000 (Brussels
II ).

the  Commission  proposal 

Parliament 
November 2002161

opinion 

in

Adopted  by  the  Council  in
November 2003

153

154

155

156

157

158

159

160

161

Commission working document - Mutual recognition of decisions on parental responsibility (COM(2001) 166, 27.3.2001).
Proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility (COM(2001) 505, 30.8.2001).
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 cooperation in respect of
Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) (COM(2001) 680, 20.11.2001).
Proposal for a Council Decision authorising the Member States to ratify, or accede to, 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(2003) 348, 17.6.2003).
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, 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.

47

 
                                                
- Initiative by the Kingdom of the Netherlands in July 2002 with
a  view  to  the  adoption  of  a  Council  Regulation  amending
Regulation (EC) No 44/2001 on jurisdiction and the recognition
in  civil  and  commercial
and  enforcement  of 
matters162

judgments 

Parliament 
September 2003163

opinion 

in

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.164

in  progress 

Work 
Council

in 

the

of 

a  Council

Adoption 
Recommendation
authorising  the  Commission
to  open  negotiations  with
Denmark  on  Regulations
Nos 
and
44/2001 
1348/2000.

As soon as negotiations
are
with 
Denmark 
complete, 
the
Commission  is  planning
to  present  a  decision
authorising 
the
Community  to  sign  and
conclude 
two
agreements  extending
the
to 
Denmark 
of
provisions 
Regulations 
Nos
44/2001 et 1348/2000.

on 

report 

A 
the
operation  of  Regulation
No1348/2000  will  be
presented in 2004.

Regulation (EC) No 1348/2000 of 29 May 2000  on  the service
in the Member States of judicial and extrajudicial documents in
civil or commercial matters

162

163

164

OJ C 311, 14.12.2002.
A5-0253/03, 9.7.2003.
COM(2002) 520, 2.10.2002

48

 
                                                
For  the  third  and  fourth  areas,  the  Commission  launched
preparatory  studies  in  2001,  the  results  of  which  have  now
been made available.

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

In  the  first  quarter  of
2004 the Commission is
planning  to  present  a
Green 
on
successions and wills.

Paper 

is
The  Commission 
considering 
the
possibility of preparing a
Green  Paper  on 
the
consequence  in  terms
of 
the
separation  of  married
and unmarried couples.

assets 

of 

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

Launching  of  work  on 
European Enforcement Order

the

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

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

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

Proposal  for  a  regulation  scheduled  for  December  2003  to
establish  a  procedure  for  a  European  order  for  payment
procedure.

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

In 2004 the Commission
is  planning  to  present  a
legislative  proposal  on
small  claims  (cf.  supra,
3.1.4.).

Commission proposal in April 2002 for a regulation (see above,
point 3.1) to establish a European enforcement order.165

Parliament  opinion  in  April
2003166

Council  political  agreement
expected at the end of 2003.

General  guidelines  agreed
by  the  Council  in  November
2003

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).

165

166

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

49

 
                                                
As regards criminal matters

Objective: To make sure criminals have no safe havens

Action needed

Responsibilit
y

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

Ratification  of 
1996  EU  Conventions 
extradition167 168

the  1995  and
on

Member State

April 2001

.

formal
Study  on  abolition  of 
procedures
extradition 
concerning  persons  fleeing  from
justice 
been
sentenced.169

having 

after 

Providing 
extradition procedures

for 

fast-track

End 2001

Commission  proposal  in  September  2001  for  a  Framework
Decision on the European arrest warrant.170

Parliament 
February 2002171

opinion 

in

Adopted  by  the  Council  in
June 2002.172

In  the  second  half  of
2004 the Commission is
planning  to  present  a
the
report 
implementation  of 
the
Framework Decision.

on 

End 2001

Included in the Commission proposal (see above)

see above

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

Transposition

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

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

for

Deadline 
implementation:
31.12.2003

167

168

169

170

171

172

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.

50

 
                                                
Examine  the  issue  of  extradition
in 
in
absentia

to  procedures 

relation 

April 2004

Included in the Commission proposal (see above)

see above

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

51

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

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

other 

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

ways 

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

Council 
Commission

/

End 2000

Commission Communication in July 2000.173

 Parliament  opinion  in  May
2001.174

Joint  Council/Commission
programme 
in
November 2000

adopted 

173

174

Commission Communication on Mutual recognition of Final Decisions in criminal matters (COM(2000) 495, 28.7.2000).
A5-0145/2001, 17.5.2001.

52

 
                                                
Commission  Green  Paper  in  February  2003  on  procedural
safeguards 
in  criminal
for  suspects  and  defendants 
the  European  Union175  and
proceedings 
presentation  of  a  proposal  for  a  Framework  Decision  in
December 2003

throughout 

Adopted  by  the  Council  in
November 2003

Commission
Communication in 2004,
to 
the
facilitate 
application  of  mutual
recognition 
of
jurisdiction

DK  initiative  for  a  Council  Decision  on  the  reinforcement  of
cooperation  between  Member  States  of  the  EU  as  regards
disqualification decisions.176

Parliament 
opinion
[rejection] in December 2002

In 2004 the Commission
is  planning  to  present  a
communication 
on
disqualifications.

EL initiative in February 2003 for a Framework Decision on the
application of the “non bis in idem” principle.177

Parliament 
September 2003178

opinion 

in

in  progress 

Work 
Council

in 

the

Application of mutual recognition
to pre-trial orders.179

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

Initiative  by  F,  B  and  SU  in  February  2001  for  a  Framework
Decision on the freezing of assets and evidence.180

EP  Opinions  in  September
2001181 and June 2002.182

Adopted  by  the  Council  in
July 2003.183

for
Deadline 
Implementation:
2.8.2005

175

176

177

178

179

180

181

Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union (COM(2003)75, 19.2.2003).
Council Decision on the reinforcement of cooperation between Member States of the EU as regards disqualification decisions (OJ C 23, 19.9.2002).
Initiative of the Republic of Greece for the adoption of a Framework Decision on the application of the "non bis in idem" principle (OJ C 100, 26.4.2003).
A5-0275/03, 14.7.2003.
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.

53

 
                                                
Commission  proposal  in  November  2003  for  a  Framework
Decision  on  the  European  Evidence  Warrant  for  obtaining
objects, documents and data for use in proceedings in criminal
matters.184

into 

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

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

April 2004

Initiative  by  F,  S  and  UK  for  a  Framework  Decision  on  the
application  of  the  principle  of  mutual  recognition  to  financial
penalties.185

Parliament 
January 2002186

opinion 

in

Agreement 
May 2003.

in  principle 

in

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

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

German initiative establishing, in accordance  with Article  34  of
the Treaty on European Union, the Agreement on cooperation
in Proceedings for Road Traffic Offences and the Enforcement
of Financial Penalties Imposed in respect thereof

in 

Incorporated 
the
Framework  Decision  on  the
application of the principle of
mutual 
to
financial penalties.

recognition 

the 

feasibility 

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

and 

Initiative  by  Denmark  in  June  2002  for  a  draft  framework
decision  on  the  enforcement  of  confiscation  orders  in  the
Union.187

Parliament 
November 2002188

opinion 

in

182

183

184

185

186

187

188

A5-0172/02, 16.5.2002.
OJ L 196, 2.8.2003, p. 45.
Proposal for a Council Framework Decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters (COM(2003) 688, 14.11.2003.
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.

54

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

April 2004

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

into 

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

by 

for 

Request 
court
records  included  in  a
Decision
Framework 
the
proposed 
Commission 
in
November  2003  on  the
European 
Evidence
Warrant 
for  obtaining
objects,  documents  and
data 
in
proceedings  in  criminal
matters.

use 

for 

55

 
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

Responsibilit
y

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

legislation 

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

cases 

April 2004

Initiative  by  Germany  in  September  2000  on  the  taking  of
evidence.189  The  issue  of  procedural  law  is  partly  included  in
the mutual recognition programme.

Parliament  opinion  October
2001.190

Adopted  by  the  Council  at
the end of May 2001.191

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

Preparatory  study  launched  by  the  Commission  in  April  2002
on improvements to the enforcement of judicial decisions in the
Member States192.

is
The  Commission 
a  Green
preparing 
Paper  on  improvements
to  the  effectiveness  of
enforcement
procedures.

Transposition

for

Deadline 
implementation:
1.7.2004  except
art.19-21 
and
22: 1.7.2001

of 

is
The  Commission 
shortly  to  publish  a  first
summary 
the
(currently  about  130)
replies 
the
consultations  on  a  plan
of action.

to 

189

190

191

192

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

56

 
                                                
General  study  to  identify  and
the
eliminate 
obstacles 
smooth 
civil
proceedings

to 
functioning  of 

Council 
prepare 
report

to
a

End 2001

Commission communication in July 2001 on European contract
law,193 with a view to launching a broad debate on the need for,
possibilities  and  methods  of  harmonisation  in  certain  areas  of
substantive private law. The Commission is preparing a Green
Paper  on  improvements  to  the  effectiveness  of  enforcement
procedures194.

Parliament 
November 2001195

opinion 

in

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

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.196

Parliament 
adopted on 2.9.2003.

Resolution

Council  Resolution  adopted
on 22.9.2003, supporting the
plan.

In the second  quarter of
2004 the Commission is
planning  to  present  a
communication  which,
on 
the
the  basis  of 
responses  to  its  Plan  of
action,  will  set  out  the
Commission’s
conclusions 
work.

future

for 

Finalising  the  Brussels  and  the
Lugano Conventions.197

April 2001

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

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

The  Council  adopted 
Regulation 
replacing 
Brussels  Convention 
December 2000.198

the
the
in

Entry  into  force:
1.3.2002

193

194

195

196

197

198

Communication from the Commission to the Council and the European Parliament on contract law in the Community (COM(2001) 398, 11.7.2001).
http://europa.eu.int/comm/consumers/cons_int/safe_shop/fair_bus_pract/cont_law/index_en.htm
A5-0384/2001 du 15.11.2001.
Communication from the Commission to the Council and the European Parliament on contract law in the Community (COM(2003) 68, 12.2.2003). an action plan.
See also table on "Mutual recognition of judicial decisions".
OJ L 12, 16.1.2001.

57

 
                                                
The Commission presented negotiating  directives  in  2001  and
2002 (cf. Right-hand column).

In  April  2002,  the  Hague  Conference  decided  to  set  up  an
informal  working  party  to  prepare  a  more  limited  draft  relating
mainly to choice-of-forum clauses.

A draft has been produced and will be examined in  December
2003.  In  September  2003,  the  Commission  presented  draft
negotiating directives for the meeting.

In  May  2001  the  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
on
world 
jurisdiction 
the
recognition  of  judgments  in
civil and commercial matters

convention 

and 

from 

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

brief 

for 

for 

adopted 

the
In  November  2003 
a
Council 
recommendation 
a
decision  authorising  the  EC
to  open  negotiations  for  a
convention  on 
choice-of-
forum  clauses  in  the  Hague
Conference.

Commission proposal in March 2002 for a recommendation for
a  negotiating  brief  for  an  agreement  between  the  Community
and the Lugano countries.199

In  October  2002  the  Council
adopted  a  negotiating  brief
for  an  agreement  between
the  Community  and 
the
Lugano States.

law  applicable 

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

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

April 2001

Following 
the  public  consultation  on  a  preliminary  draft
Regulation  which  included  a  public  hearing  in  January  2003,
the  Commission  is  planning  a  proposal  for  a  Rome 
II
Regulation in the second half of 2003.200

by 

negotiations
The 
conducted 
the
Commission  cannot  be
concluded  before 
the
Court  of  Justice  has
given 
Opinion
the 
the
requested 
Council  on  the  question
of Community powers.

by 

199

200

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).
Proposal for a Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations ("Rome II”) (COM(2003) 427, 22.7.2003).

58

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

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

April 2001

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

Commission  Green  Paper  in  January  2003  on  the  conversion
of  the  Convention  into  a  Community  instrument  and  its
modernisation.201

study 

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

on 

Council 
Commission

/

April 2004

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

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

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

Council 
Commission

/

April 2004

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

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 became available in May 2003.

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

The  Commission  will
organise 
public
hearing towards the end
of 2003..

a 

The 
Commission
organised  a  meeting  of
experts in March 2003.

The  Commission 
is
the
considering 
possibility  of  presenting
a  White  Paper  on  the
law 
to
applicable 
divorce.

Paper 

In 2004 the Commission
is  planning  to  present  a
Green 
on
successions.
Subsequently 
the
Commission  is  planning
to  present  a  Green
Paper  on  the  property
consequences  of 
the
separation  of  married
and  unmarried  couples
(cf. Supra, 3.2).

201

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).

59

 
                                                
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.

60

 
Objective: To prevent crime through reduction of opportunities

Action needed

Responsibilit
y

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,
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.

/
Council 
Commission  /
Member
States

Prevention  of 
organised 
crime 
economic activities

infiltration  by
lawful

of 

in  November  2000  on  crime
Commission  communication 
prevention  in  the  European  Union  which  established  a  Forum
and  proposed  a  financial  programme  (Hippokrates)  in  the  crime
prevention field.202

Parliament  opinion  on  the
Hippokrates  programme  in
April 2001.204

Adopted by the Council in
June 2001.205

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

and 

The Forum on Prevention of
in
Organised  Crime  met 
2001 
and
organised  a  number  of
workshops. 
the
following  forums  and  round
tables were organised:

In  2003, 

2002 

-fight  against  counterfeiting
and piracy; (2)

regional  development  and
structural funds;

-fight against corruption;

-fight  against  trafficking  in
human beings (2);

-statistics;

- money-laundering;

-fight  against  trafficking  in
illicit arms;

-“product proofing”;

-  credit  cards.  Identical  and
other forums are planned for
2004.

Transposition

Deadline 
implementation:

for

31.12.2002

202

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).

61

 
                                                
Crime proofing

The  Commission  is  shortly
planning to present a follow-
up  communication  on  the
crime-prevention
general 
policy  (priorities  for  the  five
years ahead).

In  2003 
the  Commission
began  preparations  for  the
legislative  crime  proofing
exercise to be carried out in
2004.

in 

actions 

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

Council 
/
Commission  /
Member
States

Prevention  and  control  of  organised  crime:  a  European  Union
strategy for the beginning of the new millennium.206

Commission  Staff  working  paper 
in  March  2003  on
implementation of the European Union strategy for the beginning
of the new millennium.207

the
In  October  2003 
the
adopted 
Council 
report  on  measures  and
action taken to give effect
to  the  recommendations
for  a  European  Union
strategy 
next
millennium.

for 

203

204

205

206

207

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.
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).

62

 
 
                                                                                                                                                                                                                                                            
Objective: To facilitate cooperation between Member States

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

a 

Council 
/
Commission  /
Member
States

2001

French  and  Swedish  joint  initiative  in  November  2002  for  a
Council decision establishing a crime prevention network.208

Parliament  opinion  October
2001.209

Framework 
Decision
adopted  by  the  Council  at
end of May 2001.210

The Network met in

- October 2001

into

Entry 
force:
28.5.2001

of 

2002 

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

the 
on 

- January, April, September,
October 
and  December
2002

-  February, 
September 2003

June 

and

A conference to establish an
inventory  of  good  practices
was  held  in  October  2002
(Aalborg, DK).

The  Network’s  website  was
formally put into operation in
November 2002.

The subgroup on Crime and
victimisation  was  set  up  in
September 2002.

A  second  conference  on
good  practice  was  held  in
November 2003 (Rome, IT).

2003 

Adoption  by  the  Council  in
of 
May 
draft
conclusions  on 
the  2002
annual report and the 2003-
04  work  programme  of  the
European  crime  prevention
network

instrument
The  Commission  has  adopted  a 
(Hippokrates  programme,  see  supra),  replaced  by  the  AGIS
programme in 2003.

financial 

208

209

210

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.

63

 
                                                
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 2000-04.211

Parliament  opinion  in  April
2002

AGIS  programme  of  police
and  judicial  cooperation  in
criminal  matters  adopted  by
the Council in July 2002212.

into

Entry 
force:
22.7.2002

annual 

exercise
First 
launched 
in  December
2002;  projects  received  in
selection
2003; 
March 
made, 
in
preparation  and  exercise
completed  by  the  end  of
2003.

contracts 

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. The European Convention proposed to the IGC to inscribe in the future Constitutional treaty the possibility to create a
European public prosecutor’s office, notably competent for the protection of the Community’s financial interests.

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

Responsibilit
y

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, 

Set  up  joint  investigative  teams,
as  a 
to  combat
trafficking  in  drugs  and  human
beings  as  well  as  terrorism  -
when  investigating  cross-border
crime.213

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

The  Council  adopted  the
Mutual  Legal  Assistance
Convention  in  May  2000,
Article 
of  which
provides for  joint  teams  to
(see  point
be  set  up 
4.2).214

13 

Transposit
ion

Ratification
by  PT,  DK
and ES.

211

212

213

214

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 (COM(2001)646, 9.11.2001).
OJ L 203, 1.8.2002.
This measure is included in the EU Plan of Action against terrorism.
OJ C 197, 12.7.2000.

64

 
                                                
Deadline
for
implementa
tion:
1.1.2003

Provisional
unit  put  in
place
March
2001.

Implementa
no
tion: 
later 
than
6.9.2003.

In  September  2001  Belgium,  France,  Spain  and  the  United
Kingdom presented  an initiative  on  a draft framework decision
on joint investigation teams.215

Parliament 
November 2001216

opinion 

in

Adopted  by  the  Council  in
June 2002.217

In  the  first  quarter  of  2004  the
is 
Commission 
to
present 
the
report 
a 
implementation of the  Framework
Decision.

planning 

on 

Adopted  by  the  Council  in
May 2003.

Adoption  by  Council 
in
December  2000  of  a
decision 
create  a
to 
provisional  unit in  January
2001.220

Decision 
establishing
Eurojust  adopted  by  the
Council 
February
in 
2002.226

Approval 
Eurodac
of 
Rules  of  Procedure  and
its
appointment 
President  by  the  Council
in 
2003.
Inauguration of Eurojust at
the Hague in April 2003.

June 

of 

initiative  presented 

EL 
for  a  Council
recommendation  on  a  model  agreement  for  setting  up  joint
investigation teams.

in  January  2003 

Setting  up  a  unit  composed  of
national 
prosecutors,
magistrates  or  police  officers  of
equivalent 
–
EUROJUST.218

competence 

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

End 2001

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.219

Portugal,  France,  Sweden  and  Belgium221  and  Germany222
have  presented  initiatives  with  a  view  to  the  adoption  of  a
Council decision setting up Eurojust.

EP  Opinions 
in  May
2001224  and  November
2001 (reconsultation)225

Commission communication in November 2000 concerning the
creation of Eurojust.223

215

216

217

218

219

220

221

222

223

224

225

226

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.
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: Commission Communication on the establishment of Eurojust.
A5-0153/2001, 17.5.2001.
A5-0398/2001, 29.11.2001.
OJ L 63, 6.3.2002.

65

 
                                                
stage 

Pilot 
telecommunications 
launched 
continues.

in 

of 

a
network
2001

August 

in 

the 
programme 

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

in 

intends 
2004, 

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

Implement 
where
appropriate,  further  develop  the
European judicial network.227

and, 

April 2001

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

Joint  action  establishing
the  European 
Judicial
Network  adopted  by  the
Council in June 1998228

The 
and
secretariat 
budget  of  the  European
Judicial  Network 
are
incorporated  in  those  of
Eurojust  (cf.article  26.2.b.
of 
Eurojust
the 
Decision)229

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

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

April 2004

Initiative  of  the  Republic  of  Greece  for  the  adoption  of  a
Framework Decision on the application of the "non bis in idem"
principle.230

Parliament 
September 2003231

opinion 

in

227

228

229

230

231

This measure is included in the EU Plan of Action against terrorism.
OJ L 191, 7.7.1998
OJ L 63, 6.3.2002.
This initiative contains a provision on the subject. OJ C 100, 26.4.2003.
A5-0275/2003, 14.7.2003.

66

 
                                                
Objective: To provide mutual assistance to the fullest extent possible

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

Adoption, 
implementation 
Convention 
Assistance 
Matters.232

ratification 
of 

on 
in 

and
the
Mutual
Criminal

/

April 2001

Council 
Member
States

Initiative  by  France  for  the  adoption  of  a  Protocol  to  the
Convention  on 
in  criminal  matters
between  the  Member  States  of  the  European  Union233
(concerning  the  exchange  of  information  on  bank  accounts
and transactions).

judicial  assistance 

Convention  adopted  by  the
Council on 29 May 2000.234

Protocol  to  the  Convention
adopted  by  the  Council  in
October 2001.235

Explanatory  report  adopted
by  the  Council  in  October
2002.

to

for

Deadline 
Member
States 
initiate
ratification
procedures:
before
January  2001,
and  July  2002
for 
the
Protocol.236

Convention
ratified  by  PT,
DK and ES.

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

232

233

234

235

236

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".

67

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

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

April 2001

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

Initiative by Belgium, France, Spain and the United Kingdom
in  September  2001  on  a  draft  framework  decision  on  joint
investigation teams.237

Parliament 
November 2001238

opinion 

in

Adopted  by  the  Council  in
June 2002.239

In  the  first  half  of  2004  the
Commission 
to
the
present  a 
application  of  the  Framework
Decision.

is  planning 
report  on 

Implementatio
n: 
before
1.1.2003

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

Parliament  opinion 
2002

in  April

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

April 2001

Draft  Resolution  on  the  initiative  of  the  French  Presidency
(based on a Portuguese Presidency initiative  establishing  a
secretariat for the Data Protection Supervisory Bodies.)240

Decision  adopted  by 
the
Council in October 2000.241

Initiative  by  S  concerning 
transmission of personal data.242

the 

rules  governing 

the

Parliament  opinion 
2001.

in  April

Adopted  by  the  Council  in
February 2002243.

Implementatio
n: 1.3.2002

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

Examine 
harmonised 
protection

the  possibilities 

rules 

on 

for
data

237

238

239

240

241

242

243

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.

68

 
                                                
In  2004  the  Commission  is
planning to present a proposal
for  a  Framework  Decision  on
the
the  adequacy  level  for 
transfer of personal data.

Implementatio
n: 7.12.2001

Council Decision authorising
the  Director  of  Europol  to
conduct  negotiations  with
third  States  and  bodies  not
related 
the  European
Union adopted in December
2001.244

to 

 The 
wass
Network 
established in the form of an
Association  governed  by
Belgian  law  (1919  Act)  in
June 2003.

Establishment  of  the  European
Judicial Training Network

France has presented an initiative for  a Decision  setting  up
a European judicial training network.245

Parliament 
September 2002247

opinion 

in

Commission  staff  working  document  taking  stock  of  the
situation.246

Objective: To protect rights of victims and provide assistance

Action needed

Responsibilit
y

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

Drawing up minimum standards

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

April 2001

Portuguese Presidency initiative in August 2001 for adoption
of a framework Decision on the  status of victims in  criminal
proceedings.248

Parliament 
December 2000.249

opinion 

in

Adopted  by  the  Council  in
(see  point
March  2001 
3.1).250

joint 

programme 

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

244

245

246

247

248

249

OJ C 358, 15.12.2001.
OJ C 18, 19.1.2001.
Commission staff working paper of the European Judicial Training Network – Stock-taking (SEC(2002) 635, 13.6.2000).
A5-0276/02, 24.9.2002.
Draft framework decision on the status of the victim in criminal proceedings (OJ C 243, 24.8.2000).
A5-0355/2000, 12.12.2000.

69

First  Commission  report,  on
implementation 
the
Framework  Decision  expected
to  be  adopted  in  December
2003.

of 

Transpositio
n

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

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of progress

Transpositi
on

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

Establishment  of  a  European
Police Chiefs' Task Force

2001

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

Creation  in  October  2000  of
the  Police  Chiefs'  Task  Force.
In April 2002, the TFCP set up
a supervisory committee (past,
future
present 
presidencies 
Europol,
Council and Commission SGs)
to 
improve  preparation  and
follow-up of meetings.251

and 
of 

In  2004  the  Commission  is
planning to present a proposal
for a  Freamework Decision  on
the 
police
cooperation  in  ghe  European
Union’s border region.

extension 

of 

Establishment  of 
intelligence 
criminal 
among Member States

compatible
systems

Council

DK  initiative  in  July  2002  on  the  common  use  of  liaison
officers  posted  abroad  by  the  law  enforcement  agencies  of
the Member States.252

Parliament 
November 2002253

opinion 

in

Adopted  by  the  Council  in
February 2003254.

Since 11 September 2001, the
heads  of  anti-terrorist  units  in
Member  States' 
intelligence
services  have  been  meeting
regularly.255

250

251

252

253

254

255

OJ L 82, 22.3.2001.
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.

70

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

2001

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

Portuguese Initiative for the provisional establishment of the
European Police College.256

Parliament 
November 2000257

opinion 

in

Operation  of  Cepol:  Council
agreement  in  February  2002
on a provisional location of the
secretariat  (Copenhagen)  and
financing  of  Cepol.
on 
the 
Temporary 
director
designated.

CEPOL’s  three-yearly  report
to be presented to the Council
in December 2003.

to  set  up 

Decision 
the
European  Police  College,
CEPOL,  in  2001,  which  has
functioned  as  a  network  of
national 
colleges
police 
since 1 January 2001, taken
by the Council in  December
2000.258

report 

for
Cepol  annual 
2001  adopted  by  Council  in
July  2002.  Report  for  2002
and  budget  adopted  by  the
in  October  2003
Council 
and  work  programme 
for
2004  adopted  in  November
2003.

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

256

257

258

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.

71

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

Action needed

Responsibilit
y

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

the  CIS
Implementation  of 
(Customs 
Information  System)
Convention  of  26.7.1995259  and
the  Naples 
II  Convention  of
19.12.1997.260

Member State

Ongoing

In  November  2001,  Germany,  France  and  the  Belgian
Presidency  presented  a  proposal  for  a  Protocol  to  the  CIS
files  of  customs
Convention  concerning 
officials (FIDE).261

investigation 

Parliament 
December 2002262

opinion 

in

To  strengthen  law  enforcement
cooperation against smuggling

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

Work currently under way.

Commission  Communication  scheduled  for  the  end  of
January 2004 on improving cooperation between police and
customs services in the Union.

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

.

The  agreement  on 
the
provisional entry into force of
the  Convention264  has  been
ratified  by  all  the  Member
States except B and D. It has
been  applied  among  those
Member  States  which  have
ratified 
it  since  November
2000.

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

Adopted  by  the  Council  in
May  2003.263  A  guide  for
applying  the  provisions  of
the  Naples  II  Convention
will  be  prepared  at  the
start of 2003.

In the second  half  of  2004
is
Commission 
the 
planning 
to  present  a
proposal for  a Decision  on
for
the 
mechanism 
evaluation 
the
application of Naples II.

of 

the
In  October  2003 
Council 
a
adopted 
Resolution  on  a  strategy
for 
customs
cooperation265.

259

260

261

262

263

264

265

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 L 139, 8.5.2003, p. 1.
OJ C 316, 27.11.1995, p. 58.
OJ L 247, 2.10.2003, p. 1.

72

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

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

Council 
/
Commission  /
Member
States

End of 2000
for
signature

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

Entered into force on 29 September 2003.

Proposal for a Council Decision on the conclusion, on behalf
of 
the  United  Nations
Convention Against Transnational Organised Crime266

the  European  Community,  of 

Proposal for a Council Decision on the conclusion, on behalf
of  the  European  Community,  of  the  Protocol  Against  the
Smuggling of Migrants by Land, Sea and Air, supplementing
the  United  Nations  Convention  Against  Transnational
Organised Crime267

Proposal for a Council Decision on the conclusion, on behalf
of  the  European  Community,  of  the  Protocol  to  Prevent,
Suppress  and  Punish  Trafficking  in  Persons,  Especially
Women  And  Children,  supplementing  the  United  Nations
Convention Against Transnational Organised Crime268

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

firearms  signed  by 

the

266

267

268

Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the United Nations Convention Against Transnational Organised Crime (COM(2003) 512-1, 22.8.2003.
Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against
Transnational Organised Crime (COM(2003) 512-2, 22.8.2003).
Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United
Nations Convention Against Transnational Organised Crime (COM(2003) 512-3, 22.8.2003).

73

 
                                                
UN Convention on corruption.

Council 
/
Commission  /
Member
States

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

In  April  2002  the  Commission  presented  a  proposal  for  a
Commission  negotiating  brief  for  a  UN  Convention  against
corruption.269

Proposal for a Council Decision on the signing, on behalf of
the European Community, of the United Nations Convention
against Corruption.270

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

Adoption  by  the  Council  in
September 2002.

Signature  of  the  Convention
scheduled 
for  December
2003.

In  2004  the  Commission  is
planning to present a proposal
for  a  Decision  to  ratify  the  UN
Convention on corruption.

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

adopted 
June 

in 

269

270

Proposal for a Commission negotiating brief for a UN Convention against corruption (SEC(2002) 431, 23.4.2002).
Proposal for a Council Decision on the signing, on behalf of the European Community, of the United Nations Convention against Corruption (COM(2003) 751, 4.12.2003).

74

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of progress

Transposition

the 
to 

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

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

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

Europol 
Council

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

Council 
Commission

cover new competences

/

/

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

Portuguese  initiative  in  July  2000  to  amend  the  Europol
Convention.271

Parliament 
November 2000272

opinion 

in

Adopted by the Council in
November 2000.273

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

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.274

Parliament 
November 2001275

opinion 

in

Adopted by the Council in
June 2001.276

Deadline 
implementation:
1.1.2002.

for

Europol  is  exploring  with  the
the
Member 
possibilities  of  setting  up  a
system.

States 

271

272

273

274

275

276

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.
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.

75

 
                                                
deal  with 
democratic and judicial control

the  question  of

Commission  Communication  in  February  2002  concerning
democratic control of Europol.277

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

EU 

of 

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

States, 

Council 
Commission

/

April  2004,
without
delay 
certain
areas

for

First  step  -  adoption  by  the  Council  in  November  2000  of  a
recommendation  concerning  support  by  Europol  for  joint
investigative teams.278

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.279

Parliament 
[rejection] in May 2002

opinion

Adopted by the Council in
November 2002280

April 2004

Council on the
basis  of  an
initiative  by  a
Member State

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

them 

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 

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

277

278

279

280

Communication from the Commission to the European Parliament and the Council - Democratic Control over Europol (COM(2002) 95, 26.2.2002).
Council recommendation of 30 November 2000 to Member States in respect of Europol's assistance to joint investigative teams set up by the Member States (OJ C 357, 13.12.2000).
Initiative  of  the  Kingdom  of  Belgium  and  the  Kingdom  of  Spain  with  a  view  to  adopting  a  Council  Act  drawing  up  a  Protocol  amending  the  Convention  on  the  establishment  of  a  European  Police  Office  (Europol
Convention), the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office and the Protocol on
the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol (OJ 42, 15.2.2002).
Council act of 28 November 2002 drawing up a Protocol amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the
members of its organs, the deputy directors and the employees of Europol (OJ C 312, 16.12.2002, p. 1).

76

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

Proposal  for  a  decision  presented  by  the  Commission  in
September 2002, concerning the financing  of certain activities
of  Europol  within 
fight  against
terrorism.281

framework  of 

the 

the 

Parliament  Opinion 
December 2002.

in

In  December  2002,  the
Council  decided  not 
to
adopt the proposal.

Initiative  B,  LUX  and  NL  in  June  2002  modifying  the  staff
regulations of Europol.282

Agreement by the Council
in  October  2002  on  the
procedure  of  selection  of
of
the  management 
Europol. 
in
Adopted 
December 2002.283

Danish 
initiative 
regulations of Europol.284

in  November  2002  modifying 

the  staff

Parliament opinion in April
2003.285

Adopted by the Council in
June 2003.

Initiative  by  Denmark  in  July  2002  for  many  amendments  to
the Europol Convention.286

Parliament 
opinion
(rejection) in April 2003287

Adopted by the Council in
November 2003

281

282

283

284

285

286

287

Proposal for a Council decision on the financing of certain activities implemented within the framework of the cooperation 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.
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, 18.7.2002, p. 15).
A5-0391/03, 10.4.2003.

77

 
                                                
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

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

To 
examine 
coherence  of 
approximation 
matters

the 

general
the  actions  of
criminal

in 

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

78

is
The  Commission 
planning 
present
to 
shortly  Green  Paper  on
approximation,
the 
recognition 
and
enforcement  of  criminal
penalties 
the
European  Union.  After
that  Green  Paper 
it
might  present  a  draft
Framework  Decision  on
the  approximation  of
criminal penalties.

in 

In 2004 the Commission
is  planning  to  present  a
Framework
draft 
fight
Decision  on 
against 
criminal
organisations.

the 

 
Criminalisation  of  trafficking  in
human  beings  and 
sexual
exploitation  of  children,288  with
to  child
reference 
particular 
pornography on the Internet289

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

April 2001

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

for

Deadline 
implementation:
1.8.2004

the fight against trafficking in human beings; and

Parliament  opinion  in  June
2001.290

Adopted  by  the  Council  in
July 2002.291

The  fight  against  the  sexual  exploitation  of  children  and  child
pornography.292

Council 
principle in October 2002.

agreement 

in

Formal  adoption  by  Council
after 
parliamentary
reservations have been lifted
(S)

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.293

Commission  Decision  setting  up  a  consultative
group on trafficking human beings.294

Council,  on  the  basis  of  a
proposal 
the
Commission295

by 

Political 
November 2003

agreement 

in

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

Common  definitions,  charges
and  penalties296  in  the  field  of
drug trafficking.297

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

April 2001

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

Commission proposal for a Framework Decision in June 2001.298

Parliament  opinion  in  April
2002299

Political  agreement 
Council in November 2003

in 

the

288

289

290

291

292

293

294

295

296

297

298

299

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, p. 1.
Proposal for a Framework Decision on combating sexual exploitation of children and child pornography (COM(2000) 854, 21.12.2000).
Proposal for a Council Directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who cooperate with the competent authorities (COM(2002) 71,
11.2.2002).
Commission Decision setting up a consultative committee, to be known as experts group on trafficking human beings (C(2003)827, 25.3.2003).
A5-0397/02, 5.12.2002.
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.

79

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

Council

April 2001

Denmark  presented  an  initiative  for  a  framework  decision  in
January 2000.300

Parliament  opinion  in  April
2002301

Framework 
Decision
adopted  by  the  Council  in
January 2003.302

Commission proposal for a Directive in March 2001.304 Amended
proposal 
following  Parliament’s  opinion  on  30  September
2002.305

Parliament  opinion  in  April
2002 306

Proposal  for  a  Directive  on  ship-source  pollution  and  on  the
for
introduction  of  sanctions, 
pollution  offences,  presented  by  the  Commission  in  March
2003.307

including  criminal  sanctions, 

in  progress 

Work 
Council

in 

the

Proposal  for  a  Council  Framework  Decision  to  strengthen  the
criminal  law  framework  for  the  enforcement  of  the  law  against
ship-source pollution308

in  progress 

Work 
Council.

in 

the

Action  in  the  Court  of
Justice: 
Commission
Decision of 24.3.2003 to
take  action  against  the
Council  of  the  EU  to
review the legality of the
Framework Decision.303

Proceedings  in  motion
at the Court of Justice

300

301

302

303

304

305
306 
307

308

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).
A5 -099/02, 8.4.2002
Proposal for a Directive of the European Parliament and of the Council on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences (COM(2003) 92, 5.3.2003).
Proposal for a Council framework Decision to strengthen the criminal law framework for the enforcement of the law against ship source pollution (COM(2003) 227, 2.5.2003).

80

 
                                                
Proposal  on  common  charges
for hooliganism

Council on the
basis  of  an
initiative  by  a
Member State

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

Entry  into  force:
day 
following
publication

The  Belgian  Presidency  presented  a  proposal  for  a  decision  on
safety at international football matches.309

Initiative by the IT Presidency in July 2003 for a Resolution on the
prohibition  of  access  to  premises  at  which  international  football
matches take place in the Member States.

Parliament  opinion  in  April
2002.310

Council  political  agreement
in November 2003.

Adopted  by  the  Council  in
June 2002.311

Formal  adoption  by  Council
parliamentary
after 
reservations have been lifted
( NL, FR)

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

(framework decision).

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

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

Council, 
on
the  basis  of  a
proposal 
by
the
Commission

April 2004

In  November  2001  the  Commission  presented  a  proposal  for  a
Council framework decision on racism and xenophobia.312

Parliament  opinion  in  July
2002313

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

April 2001

Commission Communication in January 2001 on creating a safer
information society.314

Parliament 
September 2001315

opinion 

in

In  June  2001  the  Council
adopted  a  recommendation
on  contact  points  to  combat
high
crime 
technology 
and
cybercrime.316

linked 

to 

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

309
310 
311

312

313

314

315

316

Enfopol 103 – 26.9.2001.
A5-0047/02, 9.4.2002
JO L 121 du 8.5.2002
Communication - Proposal for a Council Framework Decision on combating racism and xenophobia (COM(2001) 664, 28.11.2001).
A5-0189/02, 24.5.2002.
Commission communication to the Council and the European Parliament on creating a safer information society by improving the security of information infrastructures and combating computer-related crime (COM(2000)
890, 26.1.2001).
A5-0284/2001, 6.9.2001.
OJ C 187, 25.6.2001.

81

 
                                                
Commission  Communication  and  proposal  for  a  Framework
Decision presented in March 2002 on safer use of the Internet.317

EP  Opinions 
2001318 and March 2002319

in  October

in  progress 

Work 
Council.

in 

the

Commission proposal in April 2002 for a Framework Decision on
attacks against information systems.320

Agreed  in  principle  by  the
Council in February 2003

Commission  proposal  in  November  2003  for  a  Framework
Decision  on  the  European  Evidence  Warrant  for  obtaining
objects,  documents  and  data  for  use  in  proceedings  in  criminal
matters.321

Formal  adoption  by 
Council  once 
have 
(IRL/FR/S/DK)

the
reservations
lifted

been 

Common  definitions,  charges
and  penalties  in  the 
field  of
corruption

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

April 2001

Initiative  by  Denmark  for  a  Council  Framework  Decision  on
combating corruption in the private sector.322

Parliament 
November 2002

opinion

Adopted  by  the  Council  in
July 2003.323

Implementation:
before 22.7.2005

Commission  communication  on  a  common  policy  against
corruption in May 2003.324

317

318

319

320

321

322

323

324

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). The Commission is also preparing the second evaluation report for the Council and Parliament on the application of the Council recommendation of 24 September 1998 concerning the protection of minors and
human dignity. The recommendation concerns the content of broadcasting and information services available on the Internet. The guidelines for its implementation encourage operators to support measures to combat illegal
content that is offensive to human dignity and to cooperate with the police and judicial authorities. The first evaluation report was published in 2001 (COM(2001) 106 final, 27.2.2001).
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).
Proposal for a Council Framework Decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters (COM(2003) 688, 14.11.2003).
OJ C 184, 2.8.2002.
OJ L 192, 31.7.2003
Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee - On a comprehensive EU policy against corruption (COM(2002)317, 28.5.2003).

82

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

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

Criminalisation  of  fraud  to  non-
cash means of payment

Council, 
on
the  basis  of  a
by
proposal 
the
Commission

April 2001

Commission  proposal  for  a  Framework  Decision  in  September
1999.325

Parliament  opinion  in  July
2000327

Adopted  by  the  Council  in
May 2001.328

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.

Commission  proposals  in  May  2001  for  Council  decisions
establishing a training, exchange and assistance programme for
the  protection  of  the  euro  against  counterfeiting  ("Pericles"
programme)326

Parliament  Opinion 
November 2001.

in

Decisions  2001/923/EC  and
2001/924/EC  adopted  by  the
Council in December 2001.329

First  Commission,  on
implementation  of 
the
Framework  Decision  in
November 2003.

Implementation
deadline:
2.6.2003.

The  11  actions  in  the
completed.
Plan  are 
in
Commission 
report 
the
2004 
implementation  of 
the
plan  of  action  and
possible 
additional
measures, if needed.

on 

Implementation  reports
in 2005/2006.

325

326

327

328

329

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 240, 28.8.2001.
OJ C 121, 24.4.2001.
OJ L 149, 2.6.2001.
OJ L 339, 21.12.2001.

83

 
                                                
Common  definitions,  charges
and 
regards
penalties 
counterfeiting of the euro

as 

Council/

April 2001

Initiative  by  Germany  in  November  1999  for  a  Framework
Decision on criminal penalties.330

Commission  /
Member
States

Decision  adopted  by 
Council in May 2000.331

the

Adoption  by  the  Council  in
June  2001  of  the  regulations
defining 
measures
the 
needed  to  protect  the  euro
from counterfeiting.332

Commission  report  on
the 
first  Framework
Decision on 28.2.02

Commission
Second 
on
report 
implementation  of 
the
Framework  Decision  on
3.9.2003.

Entry  into  force
of 
two
the 
framework
decisions 
the 
date 
publication

and
decision:
of

Swedish  initiative  in  August  2001  for  a  framework  decision
amending the framework decision of May 2000.333

Parliament  opinion  October
2001.

Decision  adopted  by 
the
Council in December 2001.334

for
Deadline 
transposal 
of
2nd  Framework
Decision

Initiative by France in March 2001 for a  Framework Decision on
protection of the euro against counterfeiting.335

Decision  adopted  by 
the
Council in December 2001.336

the  Greek  and  German  Presidencies 

Initiative  by 
Recommendation  on  protection  of 
counterfeiting.

for  a
the  euro  against

Criminalisation  of  fraud  in  public
tenders

Council on the
basis  of  an
initiative  by  a
Member State

April 2001

Initiative  by  Germany 
Decision.337

in  March  1999 

for  a  Framework

Parliament 
(rejection) in June 2001.338

opinion

330

331

332

333

334

335

336

337

338

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.
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.

84

 
                                                
EP 
and
Council on the
basis 
of
Commission
initiatives

Commission  proposal  in  May  2002  for  a  Directive  on  public
procurement  which,  among  other  things,  provides  for  excluding
tenderers  who  have  been  convicted  of  serious  offences
(corruption,  participation  in  a  criminal  organisation,  money-
laundering  or 
financial
interests).339 amended proposal in May 2002.340

the  Community's 

fraud  against 

EP first reading in 2002.

Common  position  adopted  by
the Council in March 2003.

EP  second  reading  in  July
2003

Council  second  reading 
September 2003.

in

Conciliation  procedure
launched 
in  October
2003

21  months  after
adoption

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

and
the
a

Council 
EP  on 
basis 
Commission
proposal

of 

Commission  communication  on  an  overall  fraud  prevention
strategy in June 2000.

2001-03 Action Plan presented in May 2001.

Commission  proposal  in  May  2001  for  an  EP  and  Council
directive,341  amended  in  October  2002  in  response  to  EP
opinion.342

Parliament 
November 2001343

opinion 

in

for 

In  the  first  quarter  of
2004 the Commission is
planning  to  present  a
proposal 
a
Regulation  on  mutual
administrative
the
assistance 
the
protection 
Community’s 
financial
interests  against  fraud
and  any  other 
illegal
activities.

for 
of 

in 

Follow-up 
the
framework  of  the  IGC
(COM(2003)548).

Paper 

White 
extended 
assessment in 2005.

and
impact

339

340

341

342

343

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, 10.5.2000).
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).
A5-0390, 29.11.2001.

85

 
                                                
Commission Green Paper on the protection under criminal law of
the  Communities'  financial  interests  and  the  establishment  of  a
European Public Prosecutor344

EP Opinion in March 2003.

Follow-up report presented in March 2003.345

Evaluation report presented by the Commission  on the activities
of  OLAF  in  April  2003346  and  opinion  of  the  Supervisory
Committee

EP  Resolution  in  December
2003;  Council  conclusions
end-December 2003

Common  definitions,  charges
and penalties for offences linked
with terrorism347348

Council,  on  a
Commission
proposal

Commission  proposal 
for  a  Council
framework  decision  on  terrorism349  (see  also  the  proposal  for  a
Council framework decision on the European arrest warrant and
the surrender procedures between the Member States).

in  September  2001 

initiative
Parliament  own 
in  September
resolution 
2001  on  the  role  of  the
Union  in  the  fight  against
terrorism350

EP  Opinions  in  November
2001  and  February  2002
(reconsultation).351

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

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

The  Commission  is  to
for
present  proposals 
to
amendments 
Regulations 
(EC)  No
1073/99  and  (Euratom)
No 1074/99.

Adopted  by  the  Council  in
June 2002.

The  Commission  will
report  on
present  a 
transposal 
the
at 
beginning of 2004.

Implementation
deadline:
31.12.02.

344

345

346

347

348

349

350

351

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) COM (2003) 154, 1.4.2003.
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.

86

 
                                                
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

Responsibilit
y

Timetable
for
adoption

Convention 
(Framework
Decision)  on  financial  crime  and
money-laundering.352

Council, 
on
the basis of an
by
initiative 
France

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

Initiative  by  France  in  August  2000  for  a  Council  Framework
Decision.353

Parliament 
November 2000354

opinion 

in

Adopted  by  the  Council  in
June 2001.355

Adoption  of  a  report  on
transposal  planned  for
the end of 2003

Transposition

Implementation
deadline:
31.12.02.

Commission Communication scheduled for the end of 2003 on
preventing  and  combating  organised  crime  in  the  financial
sector.

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.356

Parliament 
November 2001357

opinion 

in

by 

the 

joint
Adoption 
ECOFIN/JAI  Council 
in
October 2001 of the protocol
to  the  convention  on  mutual
assistance in judicial matters
of  29  May  2000  in  the  fight
against  crime,  in  particular
organised  crime,  money-
laundering 
financial
crime358 (cf. point 4.2).

and 

Formal  adoption  by 
Council  once 
have 
(IRL/NL/S/UK)

the
reservations
lifted

been 

352

353

354

355

356

357

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.
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.

87

 
                                                
Danish  initiative  in  August  2002  for  a  Council  Framework
Decision on confiscation.359

Parliament  opinion  in  April
2002.

Agreed  in  principle  by  the
Council in December 2002.

Formal  adoption  by 
Council  once 
have 
been 
(D,IRL,NL,S,UK)

the
reservations
lifted

Concrete  steps  to  trace,  freeze,
seize 
the
and 
proceeds of crime360

confiscate 

France, Belgium and Sweden presented, in February 2001, an
initiative on the freezing of assets and evidence361.

EP  Opinions  in  September
2001 and June 2002.362

Adopted  by  the  Council  in
July 2003.363

Implementation:
before 2.8.2005

Initiative  by  Denmark  in  June  2002  for  a  draft  framework
decision on the enforcement of confiscation orders.364

Parliament 
November 2002365

opinion 

in

in  progress 

Work 
Council

in 

the

358

359

360

361

362

363

364

365

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.
OJ L 196, 2.8.2003, p. 45.
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.

88

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

Action needed

Responsibilit
y

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

Member
States

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

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

19 

the 

(See  also 
measure 
programme  on 
recognition 
convictions)

of 

the 

first  part  of
joint
the  mutual
criminal

of 

the

have
the

All 
Member
States 
ratified 
Strasbourg
Convention.

To  adopt 
the  draft  directive
amending  the  Money-laundering
Directive366

Council 
Parliament

and

As  soon  as
possible

Parliament  opinion  in  April
2001.

Adoption by  the  Council  and
in  December
Parliament 
2001.367

Implementatio
deadline:
n 
15.6.03

366

367

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).

89

 
                                                
rapid 

exchange 

More 
of
information  between  the  existing
units
intelligence 
financial 
judicial
entitling 
(FIUs), 
authorities  and  FIU  to  receive
information 
of
secrecy provisions.368

regardless 

Community rules must  be drawn
up  to  prevent  use  of  non-EU
companies  and  organisations  to
launder the proceeds of crime.370

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

Council, 
on
the basis of an
initiative 
by
Finland

Council/

Commission/

Member
States

Commission/

Council/

Member
States

Commission

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

the  Member  States 

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

to  strengthen 

Conclusions  adopted  by  the  Joint  Council  (Economic  and
Financial  Affairs,  Justice  and  Home  Affairs)  in  October  2000
called on the Commission to produce a report.371

Decision  adopted  by 
Council in October 2000.369

the

Work 
continues.

on 

FIU-NET

into

Entry 
force:
17.10.2000

.

The  Commission  is  willing
to  contribute  to  financing
it.

Commission 

The 
is
exploring  possibilities  for
priority measures.

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

and 

The  Commission  plans  to
present 
report
a 
imminently.

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

Commission
to 
study

initiate

December
2003

the 

Ensure 
financial 
electronic means

transparency  of
by

transactions 

Council 
Commission

/

December
2001

368

369

370

371

This measure is included in the EU Plan of Action against terrorism.
OJ L 271, 24.10.2000.
This measure is included in the EU Plan of Action against terrorism.
Working document of the Commission's services: The transparency of legal entities and measures intended to increase transparency in the financial and bank fields in the framework of the fight against money-laundering
SEC (2001)1645 of 16.10.2001

90

 
                                                
Portuguese  initiative  in  July  2000  for  amendment  to  the
Europol Convention (see above).373

Parliament 
November 2000.

opinion 

in

Danish  initiative  in  July  2002  for  amendment  to  the  Europol
Convention375 (see point 4.2).

Parliament  opinion  in  April
2003376

the 
to 

competence  of
Extend 
cover  money-
Europol 
general,372
laundering 
in 
regardless  of  the  offence  from
which the proceeds originate

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

the 

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

Council 
/
Commission  /
Member
States

Support  international  action  with
regard to off-shore countries.

Protocol  adopted  by 
Council 
2000.374

the
November

in 

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

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

the 
Council 

joint
Conclusions  of 
JHA/Ecofin 
in
October  2001  in  accordance
with  the  conclusions  of  the
European
extraordinary 
Council 
21
on 
the
September  2001  on 
immediate  and  concomitant
implementation 
the
countermeasures decided by
the FATF.377

held 

of 

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

December
2001

Joint 

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

372

373

374

375

376

377

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.
This measure is included in the EU Plan of Action against terrorism.

91

 
                                                
Examine possibilities:

Commission

July 2001

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

it  easier 

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

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

Commission  report  and  proposal  for  a  Council  regulation  in
June 2002.378

Parliament  opinion  in  May
2003.379

the 

In  December  2003 
the
Commission is planning to
present  a  communication
on  measures  to  be  taken
in 
against
fight 
terrorism  and  other  forms
of  crime,  in  particular  to
improve  the  exchange  of
information, with a Council
decision  on  the  exchange
and
of 
information 
cooperation 
against
terrorist offences.

378

379

Report on controls on cross-border cash movements and proposal for a Regulation on the prevention of money-laundering by means of customs cooperation (COM(2002)328, 25.6.2002).
A5-0073/03.

92

 
                                                
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

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

are 

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

Commission  /
Council

April 2001

 Commission  proposal  for  a  Council  Regulation  in  January
2000.380

Parliament  opinion  in  July
2000.

Regulation  adopted  by  the
Council in March 2001.381

Entry  into  force:
10/4/2001.

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

Commission  proposals  in  October  2001382  and  November
2002383 for two regulations amending Regulation No 539/2001.

EP  Opinions  in  November
2001384 
February
and 
2003385

Adopted  by  the  Council  in
June 2001386

in March 2003387.

The  Commission 
is
planning  to  present  a
the
report 
implications 
of
reciprocity  as  regards
visas.

on 

Entry  into  force:
and
1.1.2002 
1.6.2003

380

381

382

383

384

385

386

387

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).
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 (COM(2002)679, 28.11.2002).
C5-0505/2001, 29.11.2001.
A5-0005/03, 11.2.2003.
OJ L 327, 12.12.2001.
OJ L 69, 13.3.2003

93

 
                                                
Procedure  and  conditions 
issuing visas by Member States

for

Commission  /
Council 
/
Member
States

April 2003

Initiative  by  Finland 
implementing the common consular instruction.388

in  June  2000  on  measures 

for

Parliament 
opinion
(rejection) in March 2001.389

Regulation  No  789/2001
adopted  by  the  Council  in
April 2001.390

Entry  into  force:
24.4.2001

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

Decision  adopted  by 
Council in April 2001.391

the

Implementation:
27.4.2001

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

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

EL  Initiative  relating  to  the  amendment  of  Annex  12  to  the
common  consular  instruction  and  Annex  14A  to  the  Common
Manual (charges for visas).

Decision 
2002/44/EC
adopted  by  the  Council  in
December 2001.392

Decision  adopted  by 
Council in April 2002.393

the

Adoption  by  the  Council  in
June 2003394.

Implementation:
no 
than
later 
from 1.7.2004.

Implementation:
from 1.7.2003

Implementation:
no 
than
later 
1.7.2005.

388

389

390

391

392

393

394

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).
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.
OJ L 152, 20.6.2003

94

 
                                                
Commission  proposal  in  February  2003  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.395

Parliament  opinion  in  April
2003396

Adopted  by  the  Council  in
June 2003.397

Implementation:
date 
of
publication

Commission  proposal  for  a  financing  decision  in  November
2003  to  offset  the  additional  costs  generated  for  Lithuania  by
the implementation of the FTD/FRTD.

ES Initiative for a Council regulation on the issue at the border,
including the issue of visas to seamen in transit398.

Parliament 
February 2003.399

opinion 

in

Adopted  by  the  Council  in
February 2003400.

Commission proposal in April 2003 for a regulation to facilitate
the issuance of visas to the Olympic family401

Parliament  opinion  in  June
2003.402

Adopted  by  the  Council  in
July 2003.403

Rules on a uniform visa

April 2001

Commission  /
Council 
/
Member
States

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

Further  development  of 
technical  specifications  of 
uniform format for visas

the
the

Commission/

term

Short 
measures
2000-2002  -
term
long 
measures

Commission  proposal  in  October  2001  for  a  Regulation
amending Regulation No 1683/95404 and, in September 2003, a
fresh  proposal 
that  Regulation  and
Regulation  No  1030/02  laying  down  a  uniform  format  for
residence  permits  for  third-country  nationals  to  allow  Member

for  amendment  of 

Parliament 
December 2001406

opinion 

in

Regulation  No  334/2002
adopted by the Council.407

Entry  into  force:
24.2.2002

Adoption 
specifications
for 
required 

of

its

395

396

397

398

399

400

401

402

403

404

405

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.
OJ L 99, 17.4.2003
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).
A5-0211/03, 19.6.2003.
OJ L 183, 22.7.2003.
Proposal for a Council Regulation amending Regulation (EC) No 1683/95 laying down a uniform format for visas (COM(2001) 577, 9.10.2001).
Proposal for a Council Regulation amending Regulation (EC) 1683/95 laying down a uniform format for visas and Proposal for a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for
residence permits for third-country nationals (COM(2003) 558, 24.9.2003).

95

 
                                                
Council

2004

States to incorporate biometric data405.

format 
for 
Uniform 
affixing 
the  visa 
documents  which 
recognised

forms 
to 
are 

for
travel
not

Commission  /
Council 
/
Member
States

2001

Commission proposal for a Regulation in March 2001.408

Parliament 
December 2001409

opinion 

in

No
Regulation 
333/2002  adopted  by 
the
Council in February 2002.410

(EC) 

Proposal  for  a  regulation  on  an
airport transit visa

April 2001

Commission  /
/
Council 
Member
States

Measures  to  set  up  a  common
system for identifying visas411

Council 
Member
States

/

Short-term
action

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

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

application
3.6.2002

Entry  into  force:
23.2.2002

of

its

Adoption 
specifications
for 
required 
application
12.8.2002

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

regulation 

In the second  quarter of
2004 
the  Commission
will  present  a  proposal
for  a 
to
govern all aspects of the
management  of  VIS,
provided 
the  Council
issues  policy  guidelines
on  the  development  of
VIS  before  the  end  of
2003.

Closer  cooperation  between  EU
consulates in third countries

Member
States

Ongoing

See  point  VIII  of 
Recommendation of 4 March 1996.

the  common  consular  instruction  and

Laeken 

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

406

407

408

409

410

411

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.

96

 
                                                                                                                                                                                                                                                            
Initiative by Belgium and Spain in April 2002 for a draft Council
decision concerning the  adaptation of  part  VIII  of  the  common
consular instruction (cooperation with travel agencies).

Decision  adopted  by 
Council 
in 
2002412

the
September

Implementation

16.7.2002

Measures  on  the  freedom  to
travel  within 
territory  of
Member States

the 

Commission  /
Council 
/
Member
States

April 2001

Portuguese  Presidency  initiative  in  June  2000  on  travel  by
nationals exempt from the visa requirement.413

Parliament 
opinion
(rejection) in March 2001.414

French  Presidency  initiative  in  July  2000  on  travel  on  a  long-
stay visa.415

Parliament 
(rejection) 
2001416

opinion
January

Adopted  by  the  Council  at
the end of May 2001.417

in 

Entry  into  force:
7.6.2001

The  Commission  presented  a  proposal  for  a  directive  on
conditions for movement in the Member States in July 2001.418

Parliament 
February 2002

opinion 

in

in  progress 

Work 
Council

in 

the

412

413

414

415

416

417

418

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).

97

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

Action needed

Responsibilit
y

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

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

Commission  /
Council 
/
Member
States

April 2001

Commission proposal in March 2001 on the communitisation of
the  uniform  format  for  residence  permits  granted  to  third-
country nationals.419

Parliament 
December 2001

opinion 

in

Adopted  by  the  Council  in
June 2002.420

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

training 

Commission  /
/
Council 
Member
States

Ongoing

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

Council  adopted  a  decision
in  March  2000  to  improve
exchange of information.421

Transposition

 Entry  into  force:
14.6.2002

of

its

Adoption 
specifications
for 
required 
application
14.8.2002

Entry  into  force:
1.7.2000

419

420

421

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.

98

 
                                                
Objective: Control at the external borders of the Union

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
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Actions  planned  and
progress made

on 

the
As  requested  by 
European
Brussels 
Council 
15-16
October  2003,  political
agreement 
was
reached  on  the  main
points of the dossier  by
2003,
the 
end 
particularly  with 
the
adoption  of  the  Council
conclusions 
27
November 2003.

of 

of 

Coordination 
operational
of 
cooperation  between  Member
States422

Commission/

Ongoing

/

Council 
Member
States

Commission  proposal  in  November  2003  for  a  regulation
establishing  a  European  Agency  for  the  Management  of
Operational Cooperation at the Union’s External Borders.423

Close  cooperation  between  the
Member  States  border  control
services,  such  as  exchange
programmes  and 
technology
transfer424

Commission  /
/
Council 
Member
States

 May 2002

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

422

423

424

Objective set by the conclusions of the European Council at Thessaloniki in June 2003 and Brussels in October 2003.
Proposal for a Council Regulation establishing a European Agency for the Management of Operational Co-operation at the External Borders (COM (2003) 687 final/2, 20.11.2003).
This measure is included in the EU Plan of Action against terrorism (periodic review).

99

 
                                                
Proposal for a Council Regulation laying down the requirement
for  the  competent  authorities  of  the  Member  States  to  stamp
systematically  the  travel  documents  of  third  country  nationals
when  they  cross  the  external  borders  of  the  Member  States
and  amending  the  convention  implementing  the  Schengen
agreement and the common manual to this end425

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.

A  Commission  Communication  on  external  borders  was
presented in May 2002.426

Parliament 
November 2003427

opinion 

in

for 

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

425

426

427

Proposal for a Council Regulation laying down the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders
of the Member States and amending the convention implementing the Schengen agreement and the common manual to this end (COM(2003) 664, 6.11.2003).
Communication from the Commission to the Council and the European Parliament - towards integrated management of the external borders of the member states of the European Union (COM(2002)233, 7.5.2002).
A5-0449/02.

100

 
                                                
In  August  2003  the  Commission  presented  a  proposal  for  a
regulation  laying  down  common  rules  on  small-scale  frontier
traffic.428

Council 
Decision
2002/463/EC  of  13  June
2002  adopting  an  action
programme for administrative
cooperation  in  the  fields  of
visas,
external 
borders, 
asylum 
immigration
and 
(ARGO programme).429

In  January  2004 
the
Commission is planning
to  present 
first
evaluation report on the
implementation  of  the
ARGO programme.

the 

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. A report
on the later study was presented in September 2003.

agreement 

Council 
in
principle  in  November  2003
on  a  programme  of  work  on
maritime borders

Initiative  by  the  Hellenic  Republic  for  a  Council  Regulation  to
establish a network of immigration liaison officers430

Parliament  opinion  in  April
2003.

Council 
principle in October 2003.

agreement 

in

Adoption  expected  at
the end of 2003.

Initiative  of  the  Hellenic  Republic  of  May  2003  with  a  view  to
adopting  a  Council  Decision  determining 
the  minimum
indications  to  be  used  on  signs  at  external  border  crossing
points431.

Parliament 
November 2003.432

opinion 

in

Procedure  for  adopting  certain
measures 
the
Common Manual

implementing 

Commission  /
Council 
/
Member
States

Portuguese initiative in March 2001 on measures implementing
the provisions in the Common Manual.433

Parliament 
opinion
(rejection) in March 2001.434

Adopted  by  the  Council  in
April 2001.435

Entry  into  force:
24.4.2001

428

429

430

431

432

433

434

435

Proposal for a Council Regulation on the establishment of a regime of local border traffic at the external land borders of the Member States and at the temporary external land borders between Member States (COM(2003)
502, 14.8.2003).
OJ L 161, 19.6.2001
Initiative by the Hellenic Republic for a Council Regulation to establish a network of immigration liaison officers (OJ C 140, 14.6.2003, p. 12).
Initiative of the Hellenic Republic with a view to adopting a Council Decision determining the minimum indications to be used on signs at external border crossing points (OJ C 125, 27.5.2003).
A5-0344/2003, 6.11.2003.
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.

101

 
                                                
Initiative  by  Sweden  in  March  2001  for  updating  the  Common
Manual.437

Initiative  by  Belgium  in  December  2001  for  the  updating  the
Common Manual439

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

Adoption  by  the  Council  in
November  2000 
the
decision  to  downgrade  parts
of the Common Manual.436

of 

updating 

Decision 
the
Common  Manual  adopted  by
the Council in April 2001.438

Entry  into  force:
1.12.2000

Implementation:
27.4.2001

Commission  proposal
at 
the  beginning  of
2004  for  a  regulation
recasting 
the  existing
legislation on borders.

Decisions  declassifying 
Common  Manual440 
revising 
Manual441  adopted  by 
Council in April 2002.442

the
and
Common
the

the 

Commission  proposal  for  a  Council  Regulation  establishing  a
specific  Facilitated  Transit  Documents  FTD  and  FRTD  and
amending the Common Consular Instructions and the Common
Manual443

Parliament  opinion  in  April
2003444

Adoption  by  the  Council  in
April 2003.

Rapid  inclusion  of  the  applicant
States in this cooperation

Commission/

Ongoing

/

Council 
Member
States

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

the
Work  ongoing 
context  of  accession
negotiations.

in 

436

437

438

439

440

441

442

443

444

OJ L 303, 1.12.2000, p. 29.
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, 5.2.2003).
A5-0075/03.

102

 
                                                
Objective: To convert and develop the Schengen acquis

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transpositio
n

Communitisation  of  Article  2  of
the Schengen Convention.445

Developments  of  the  Schengen
acquis (police cooperation)

Development of SIS II

Commission  /
/
Council 
Member
States

Commission  /
/
Council 
Member
States

Commission  /
Council 
/
Member
States

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

2001

Included  in  the  proposal  for  a  regulation  recasting  the
Common Manual – cf. supra

Initiative  by  Belgium,  Spain  and  France  with  a  view  to  the
adoption  by  the  Council  of  a  Decision  amending  Article  40(1)
and  (7)  of 
the  Schengen
Agreement of 14 June 1985 on the gradual abolition of checks
at the common borders446

the  Convention 

implementing 

2001

Initiative  by  Belgium  and  Sweden  for  the  development  of  SIS
II.448

Commission  communication 
the
development  of  the  Schengen  II  information  system  to  take
account  of  the  prospect  of  enlargement  and  of  technical
progress.450

in  December  2001  on 

Formal  adoption  by 
Council on 2.10.2003447

the

Deadline 
for
implementatio
n: 11.10.2003.

Regulation  and  Decision
adopted  by  the  Council  in
December 2001.449

In  the  second  half  of  2004
the  Commission  is  planning
to  present  a  proposal  for  a
regulation  and  a  proposal
for a decision on SIS II.

Deadline 
for
implementatio
n: 6.12.2001.

Expiry 
31.12.2006

date:

445

446

447

448

449

450

This measure is included in the EU Plan of Action against terrorism (periodic review).
OJ C 285, 11.10.2001.
Council Decision 2003/725/JHA of 2.10.2003 (OJ L 260, 11.10.2003).
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.
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 (COM(2001) 720, 18.12.2001).

103

 
                                                
Spanish Initiatives relating to specific new functions of the SIS,
in particular in the framework of the fight against terrorism.451

EP  Opinion  on  the  Spanish
Initiatives 
in  December
2002.452

adoption 
initiatives 

of
Formal 
Spanish 
by
Council after  parliamentary
reservations  have  been
lifted ( NL, DK)

Commission  proposal  in  September  2003  for  a  Regulation  on
access to the SIS for the registration of vehicles.453

Work currently under way.

First  Commission  report  on  progress  with  SIS  II  in  February
2003.454

Results  of  feasibility  study  launched  in  July  2002  finalised  by
the Commission in April 2003.

the
Commission  Communication 
development  of  SIS  II  and  possible  synergies  with  the  future
VIS.

in  November  2003  on 

451

452

453

454

Spanish Initiative with a view to the adoption of a Council Regulation on the allocation of specific new functions to the SIS, in particular in the framework of the fight against terrorism (OJ C 160, 4.7.2001).
A5-0436/02, 17.12.2002.
Proposal for a Regulation of the European Parliament and of the Council amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders as regards
access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles (COM(2003)510, 21.8.2003).
Commission staff working paper “On the development of the second generation Schengen information system (SEC(2003)206, 19.2.2003).

104

 
                                                
6.

CITIZENSHIP OF THE UNION

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

Action needed

Responsibilit
y

Timetable
for
adoption

State of play

Transpositio
n

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

Progress  in  the  Council
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Actions  planned  and
progress made

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

Commission/

2001

Commission  proposal  in  May  2001  for  an  EP  and  Council
directive,455 amended in April 2003.456

Parliament 
February 2003457

opinion 

in

Political  agreement  by  the
Council in September 2003.

Council/ EP

Common  position  will  be
adopted in December 2003.

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 2003.458

Regulation  on  security  of  travel
documents

Commission/

2001

Council/ EP

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

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

Commission  /
Council 
/
Parliament

2001

second 

EP 
scheduled 
2004

for 

reading
early

455

456

457

458

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.
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) (COM(2003)101, 5.3.2003).

105

 
                                                
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
appropriate,
if 
and, 
Parliament

Adoption  by  the  Council
appropriate,
if 
and, 
Parliament

Actions  planned  and
progress made

Communication  on 
elections to EP

results  of

Commission

2000

Commission Communication presented in December 2000.459

Commission  report  on  a  derogation  from  directive  93/109/EC
presented in January 2003.460

Commission  Communication  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.461

First 
report 
elections Commission

on  municipal

Commission

2001

Commission report presented in May 2002.462

Third report on the citizenship of
the Union

Commission

By  the  end
of 2000

Third  report  prepared  by  the  Commission  in  September
2001.463

Parliament 
September 2002.464

opinion 

in

At the beginning of 2005
the  Commission 
is
planing 
to  present  a
report on the application
of Directive 93/109/EC.

In  the  third  quarter  of
2004 the Commission is
planning  to  present  a
fourth  report  on  Union
citizenship.

459

460

461

462

463

464

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.

106

 
                                                
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.

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

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

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

/

Member
States 
Commission/
EMCDDA
/Europol

June 2000

in 
Commission 
implementation of the Action Plan.465

communication 

June  2001  on 

the

by 

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

refers 

to 

ten  acceding
The 
countries  have  been
involved  in  EMCDDA
work  as  observers
from  July  2003  and
will  be  members  from
1  May  2004.  The
with
negotiations 
Romania, 
Bulgaria
and Turkey should  be
pursued.

465

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).

107

 
                                                
Commission  Communication  in  November  2002  on  the  mid-
term review of the Action Plan466.

Commission  Communication  to  the  Council  and  the  European
Parliament  in  November  2003  on  drugs  coordination  in  the
European Union.467

In  the  implementation  of  the  Action  Plan,  a  Danish  initiative
was  lodged  in  September  2002  for  the  adoption  of  an
implementation plan regarding synthetic drugs.

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.

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

Resolution  on  the  treatment
of  drug  addicts 
in  prison
adopted in February 2003.

Adopted  by  the  Council  in
November 2002

Adopted  by  the  Council  in
June 2003

Proposal for a Council Recommendation on the prevention and
reduction of risks associated with drug dependence.468

Parliament 
February 2003469

opinion 

in

Adoption  by  the  Council  in
June 2003470.

The  Member  States,
the  Commission,  the
EMCDDA 
and
Europol  are  pursuing
work to implement the
for
actions  provided 
two
by 
‘implementation
papers’.

the 

In  the  second  half  of
2004  the  Commission
is  planning  to  present
a  communication  on
the  final  evaluation  of
the Drugs Action Plan
2000-2004.

Evaluation  of  the  Drugs  Action
Plan 2000-2004

Commission

466 
467

468

469

470

COM (2002) 599, 4.11.2002
Commission Communication to the Council and the European Parliament on drugs coordination in the European Union (COMP(2003) 681, 12.11.2003).
Proposal for a Council Recommendation on the prevention and reduction of risks associated with drug dependence (COM(2002) 201, 8.5.2002).
A5-0021/03, 28.1.2003.
OJ L 165, 18.6.2003.

108

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

and  Europol 

Council 
/
Commission  /
Member
States

The Commission has presented two reports (GHB and
Ketamine) to the Council under the Joint Action on new
synthetic drugs. On that basis, in March 2001 the Council
adopted conclusions in line with the Commission's reports. 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.

On the basis of the EMCDDA's risk analysis, the Commission
presented a proposal for a Council Decision in December
2001,471 defining PMMA as a new synthetic drug.

Decision  adopted  by 
the
Council in February 2002.472

Swedish Initiatives in January 2001 for a Council Decision on
the determination of the profiles of synthetic drugs and the
transmission of samples.473

Parliament  opinion  in  May
2001.474

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

Adoption  by  the  Council  in
May  2001  of  the  decision
concerning  the  transmission
of samples.475

Entry  into  force:
1.7.2001

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.

Adoption  by  the  Council  in
April 2002.

471

472

473

474

475

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, 6.3.2002, p. 14.
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.

109

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

Adopted  by  the  Council  in
November 2002

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.476

The Italian Presidency has
presented an initiative for a
Council Decision making
four new substances (2C-I,
2C-T-2, 2C-T-7, TMA-2)
subject to controls

Adopted  by  the  Council  on
27.11.2003.

In October 2003 the Commission adopted a proposal for a
Council Decision amending and replacing the Joint Action of
16.6.1997 on synthetic drugs477.

adopted 

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

of 

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

Council 
and
Parliament  on
the  basis  of
proposals 
of
the
Commission

The  Commission  has  set  up  a  Steering  Group  of  members  of
the  evaluation  and
the  presidencies 
representatives of the EP, EMCDDA and Europol.

concerned  by 

Work currently under way.

476
477 

Commission Report to the Council under Joint Action 97/396 on TM2-2, 2C-1, 2C-T-2 and 2C-T-7 (COM(2003) 258, 13.5.2003).
COM (2003) 560, 3.10.2003

110

 
                                                
Common  definitions,  charges
and penalties in the field  of  drug
trafficking.478

April 2001

on
Council, 
the  basis  of  a
proposal 
by
the
Commission

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.479

Parliament  opinion  in  April
2002.480

European
The 
Laeken 
this
Council  asked 
that 
Framework  Decision 
be
adopted  by  the  end  of  May
2002. 
Brussels
European Council asked that
this  Framework  Decision  be
adopted  by the  end of  2003.
Work 
the
continues 
Council.

The 

in 

Political  agreement 
Council in November 2003.

in 

the

Financial 
instrument 
combating drug trafficking

for

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

the  Commission 

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

implemented 

the  budget 

preparatory
This 
was
programme 
integrated in the AGIS
programme in 2003.

478

479

480

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.

111

 
                                                
8.

STRONGER EXTERNAL ACTION

Priorities of the Tampere and Feira European Councils

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.

112

 
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

Responsibilit
y

Timetable
for
adoption

State of play

Transposition

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

Progress in the Council and,
if appropriate, Parliament

Adoption  by  the  Council
and, 
appropriate,
if 
Parliament

Actions  planned  and
progress made

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

affairs 

home 

immigration  policy. 

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

113

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

and 

Negotiations  on  Chapter
24  are  continuing  with
were
Romania 
provisionally 
completed
with  Bulgaria  in  October
2003. Community  support
is  going  to  JHA  through
the  Phare  programme,
twinning 
schemes,
partnership  agreements
and  participation  in  JHA
programmes.

have 

For  the  seven  countries
signed
that 
treaties
accession 
specific
(16.4.2003), 
financing
additional 
(Schengen 
facility)  has
been earmarked for 2004-
2006 
the  Act  of
Accession annexed to the
accession treaty.

in 

of 

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

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

the

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

of 

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

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

June 2000

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

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.

have 

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

114

 
-  Continuation  of  the  Barcelona
Process

-  Conclusion  of 
agreements

readmission

the  JHA  dimension  of 

Implement 
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.

the  Meda 

 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.

 Parliament  opinion 
Kong) in December 2002481

(Hong

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

The  European  Councils  at
(June  2002)  and
Seville 
Brussels 
(October  2003)
asked  for  the  conclusion  of
agreements
readmission 
being  negotiated 
to  be
expedited and facilitated.

on 

An  agreement  was
signed  with  Hong
Kong 
27
November;
in
conclusion 
November  2003  and
force
entry 
into 
scheduled 
for
beginning of 2004.

with
Agreement 
Macao 
initialled  on
18 October 2002 and
signed on 13 October
2003.

Readmission
agreement 
initialled
with  Sri  Lanka  on  30
May 
and
2002 
signing scheduled for
before end of 2003.

Negotiations
completed 
Albania 
on 
November 2003.

with
5

Negotiations 
under
way  for  readmission
agreements 
with
Russia,  Pakistan,  Sri
Lanka, 
Morocco,
Macao,  Ukraine  and
Albania.  Negotiations
to  be  opened  with
Turkey,  China  and
Algeria 
first
in 
half of 2004.

the 

481

A5-0104/03.

115

 
                                                
-  Cooperation  on  justice  and
home affairs

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

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

Ukraine: implementation of the
JHA 
and
scoreboard.

action 

plan 

United  States:  negotiation  of
an  agreement  for  cooperation
in  criminal  matters  on 
the
basis  of  Articles  38  and  24  of
the  Union  Treaty 
(Council
agreed to a negotiating brief in
April 2002);482

Parliament  opinion  in  June
2003.

Agreements  signed
on 25.6.2003

Adopted  by  the  Council  in
June 2003483.

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.484

Adopted  by 
February 2003485.

the  Council 

in

Negotiating  directives  for  an
agreement  with  Iceland  and
Norway  on  extradition  and
mutual  assistance  adopted  by
the Council on 19.12.2002.

482

483

484

485

This measure is included in the EU Plan of Action against terrorism (periodic review).
OJ L 181, 19.7.2003
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).
JO L 67 du 12.3.2003 

116

 
                                                
-  Negotiation  of  multilateral
instruments

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.

- Terrorism

-  Protocol  amending 
terrorism of 1977: open for signing in May 2003

the  European  Convention  against

- Participation in CODEXTER with a view to the elaboration of
a worldwide anti-terrorism convention

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 1957.486

Conclusions  adopted  by  the
Council  in  October  2003  on
the
implementation  of 
the 
European  arrest  warrant  and
its  links  to  Council  of  Europe
instruments.

486

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.

117

 
                                                
United Nations Conventions:

-  United  Nations  Protocol  on 
Commission for the European Community.

firearms  signed  by 

the

-  Corruption:  signature  of  the  Convention  scheduled  for
December 2003.

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

Organised crime: see
The
above. 
Commission 
has
presented  a  proposal
for  conclusion  of  the
UN  Convention  and
its  Protocols  by  the
Community.

118

 
9.

OTHER CURRENT INITIATIVES

MEMBER STATES

TITLE

RELATIONSHIP 
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

Adopted 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

Adoption by the Council in June 2002487.

Spain

Spain

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.488

Presentation to the Council in January 2002; work in progress.

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

487

488

OJ L 167, 26.6.2002
OJ C 42, 15.2.2002.

119

 
                                                
Spain

Spain

Spain

Spain

Spain

Spain

Spain

Spain

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.

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

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 2002.489

Council Decision establishing a European network for the protection of VIPs.490

EP Opinion in May 2002

Adopted by the Council in November 2002.491

Denmark

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.

Spain

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

Adopted by the Council in November 2002

489

490

491

OJ L 167, 22.1.2003
OJ C 42, 15.2.2002.
OJ L 333, 10.12.2002

120

 
                                                
Belgium

Denmark

Denmark

Denmark

terrorists

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.

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

Parliament opinion (rejection) in April 2003492

Adopted by the Council in June 2003493

Netherlands

Regulation  amending  Regulation  (EC)  No  44/2001  on  jurisdiction  and  recognition  and
enforcement of judgments in civil and commercial matters.494

 Discussion suspended

Greece

Greece

Council Decision on procedures for amending the Sirene Manual and Council Regulation
on procedures for amending the Sirene Manual.495

Parliament opinion in September 2003496

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

Parliament opinion October 2003.

492

493

494

495

496

A5-0107/03.
OJ C 152, 28.6.2003.
OJ C 311, 14.12.2002.
OJ C 82, 5.4.2003.
A5-0288/03, 9.9.2003.

121