The Hague Programme: strengthening freedom, security and justice in the European Union
Date: 2005-03-03
Institutions: Council of the European Union
Subjects: EU migration policy, EU visa policy, European judicial area, area of freedom, security and justice, citizens' Europe, disclosure of information, integration of migrants, right of asylum, terrorism

3.3.2005

EN

Official Journal of the European Union

C 53/1

I

(Information)

COUNCIL

THE HAGUE PROGRAMME: STRENGTHENING FREEDOM, SECURITY AND JUSTICE IN THE
EUROPEAN UNION

(2005/C 53/01)

I. INTRODUCTION

The European Council reaffirms the priority it attaches to the
freedom, security and justice,
development of an area of
responding to a central concern of the peoples of the States
brought together in the Union.

approach to cross-border problems such as illegal migration,
trafficking in and smuggling of human beings, terrorism and
organised crime, as well as the prevention thereof. Notably in
the field of security, the coordination and coherence between
the internal and the external dimension has been growing in
importance and needs to continue to be vigorously pursued.

Over the past years the European Union has increased its role
in securing police, customs and judicial cooperation and in
developing a coordinated policy with regard to asylum, immi-
gration and external border controls. This development will
continue with the firmer establishment of a common area of
freedom, security and justice by the Treaty establishing a
Constitution for Europe, signed in Rome on 29 October 2004.
This Treaty
and the preceding Treaties of Maastricht,
Amsterdam and Nice have progressively brought about a
common legal framework in the field of justice and home
affairs, and the integration of this policy area with other policy
areas of the Union.

to be known as

Five years after the European Council's meeting in Tampere, it
is time for a new agenda to enable the Union to build on the
achievements and to meet effectively the new challenges it will
face. To this end, the European Council has adopted this new
the Hague
multi-annual programme
Programme. It reflects the ambitions as expressed in the Treaty
establishing a Constitution for Europe and contributes to
preparing the Union for its entry into force. It takes account of
the evaluation by the Commission (1) as welcomed by the Euro-
in June 2004 as well as the Recommendation
pean Council
adopted by the European Parliament on 14 October 2004 (2),
in particular in respect of the passage to qualified majority
voting and co-decision as foreseen by Article 67(2) TEC.

Since the Tampere European Council
in 1999, the Union's
policy in the area of justice and home affairs has been devel-
oped in the framework of a general programme. Even if not all
the original aims were achieved, comprehensive and coordi-
nated progress has been made. The European Council
welcomes the results that have been achieved in the first five-
year period: the foundations for a common asylum and immi-
gration policy have been laid, the harmonisation of border
controls has been prepared, police cooperation has been
improved, and the groundwork for judicial cooperation on the
basis of the principle of mutual recognition of judicial decisions
and judgments has been well advanced.

The security of the European Union and its Member States has
acquired a new urgency, especially in the light of the terrorist
attacks in the United States on 11 September 2001 and in
Madrid on 11 March 2004. The citizens of Europe rightly
expect
for
fundamental freedoms and rights, to take a more effective, joint

the European Union, while guaranteeing respect

The objective of the Hague programme is to improve the
common capability of the Union and its Member States to
guarantee fundamental rights, minimum procedural safeguards
and access to justice, to provide protection in accordance with
the Geneva Convention on Refugees and other international
treaties to persons in need, to regulate migration flows and to
control the external borders of the Union, to fight organised
to
cross-border crime and repress the threat of
realise the potential of Europol and Eurojust, to carry further
the mutual recognition of
judicial decisions and certificates
both in civil and in criminal matters, and to eliminate legal and
judicial obstacles in litigation in civil and family matters with
cross-border implications. This is an objective that has to be
achieved in the interests of our citizens by the development of
a Common Asylum System and by improving access to the
courts, practical police and judicial cooperation, the approxi-
mation of laws and the development of common policies.

terrorism,

(1) COM (2004) 401 final.
(2) P6_TA-PROV (2004) 0022 A6-0010/2004.

C 53/2

EN

Official Journal of the European Union

3.3.2005

A key element in the near future will be the prevention and
suppression of terrorism. A common approach in this area
should be based on the principle that when preserving national
security, the Member States should take full account of the
security of the Union as a whole. In addition, the European
Council will be asked to endorse in December 2004 the new
European Strategy on Drugs 2005-2012 that will be added to
this programme.

Fundamental rights, as guaranteed by the European Convention
on Human Rights and the Charter of Fundamental Rights in
Part II of the Constitutional Treaty, including the explanatory
notes, as well as the Geneva Convention on Refugees, must be
fully respected. At the same time, the programme aims at real
and substantial progress towards enhancing mutual confidence
and promoting common policies to the benefit of all our citi-
zens.

The European Council considers that the common project of
strengthening the area of freedom, security and justice is vital
to securing safe communities, mutual trust and the rule of law
throughout the Union. Freedom, justice, control at the external
borders,
terrorism
internal security and the prevention of
should henceforth be considered indivisible within the Union
level of protection of the area of
as a whole. An optimal
freedom, security and justice requires multi-disciplinary and
concerted action both at EU level and at national level between
the competent law enforcement authorities, especially police,
customs and border guards.

In the light of this Programme, the European Council invites
the Commission to present to the Council an Action Plan in
2005 in which the aims and priorities of this programme will
be translated into concrete actions. The plan shall contain a
timetable for the adoption and implementation of all
the
actions. The European Council calls on the Council to ensure
that the timetable for each of the various measures is observed.
The Commission is invited to present to the Council a yearly
report on the implementation of the Hague programme (‘score-
board’).

2. Protection of fundamental rights

Incorporating the Charter into the Constitutional Treaty and
accession to the European Convention for the protection of
human rights and fundamental freedoms will place the Union,
including its institutions, under a legal obligation to ensure that
in all
its areas of activity, fundamental rights are not only
respected but also actively promoted.

In this context,
firm
the European Council,
commitment to oppose any form of racism, antisemitism and
xenophobia as expressed in December 2003, welcomes the
Commission's communication on the extension of the mandate
of the European Monitoring Centre on Racism and Xenophobia
towards a Human Rights Agency.

recalling its

3. Implementation and evaluation

II. GENERAL ORIENTATIONS

1. General principles

The programme set out below seeks to respond to the chal-
lenge and the expectations of our citizens. It is based on a prag-
matic approach and builds on ongoing work arising from the
Tampere programme, current action plans and an evaluation of
first generation measures. It is also grounded in the general
principles of subsidiarity, proportionality, solidarity and respect
for the different legal systems and traditions of the Member
States.

The Treaty establishing a Constitution of Europe (hereinafter
‘the Constitutional Treaty’) served as a guideline for the level of
ambition, but the existing Treaties provide the legal basis for
Council action until such time as the Constitutional Treaty
takes effect. Accordingly, the various policy areas have been
examined to determine whether preparatory work or studies
could already commence, so that measures provided for in the
Constitutional Treaty can be taken as soon as it enters into
force.

evaluation by

the Commission of

The
the Tampere
programme (1) showed a clear need for adequate and timely
implementation and evaluation of all types of measures in the
area of freedom, security and justice.

It is vital for the Council to develop in 2005 practical methods
to facilitate timely implementation in all policy areas: measures
requiring national authorities' resources should be accompanied
by proper plans to ensure more effective implementation, and
the length of
the implementation period should be more
closely related to the complexity of the measure concerned.
Regular progress reports by the Commission to the Council
during the implementation period should provide an incentive
for action in Member States.

Evaluation of the implementation as well as of the effects of all
measures is, in the European Council's opinion, essential to the
effectiveness of Union action. The evaluations undertaken as
from 1 July 2005 must be systematic, objective, impartial and
efficient, while avoiding too heavy an administrative burden on
national authorities and the Commission. Their goal should be
to address the functioning of the measure and to suggest solu-
tions for problems encountered in its implementation and/or
application. The Commission should prepare a yearly evalua-
tion report of measures to be submitted to the Council and to
inform the European Parliament and the national parliaments.

(1) COM(2004) 401 final.

3.3.2005

EN

Official Journal of the European Union

C 53/3

The European Commission is invited to prepare proposals, to
be tabled as soon as the Constitutional Treaty has entered into
force, relating to the role of the European Parliament and
national parliaments in the evaluation of Eurojust's activities
and the scrutiny of Europol's activities.

4. Review

Since the programme will run for a period during which the
Constitutional Treaty will enter into force, a review of its imple-
mentation is considered to be useful. To that end, the Commis-
sion is invited to report by the entry into force of the Constitu-
tional Treaty (1 November 2006) to the European Council on
the progress made and to propose the necessary additions to
the programme, taking into account the changing legal basis as
a consequence of its entry into force.

III. SPECIFIC ORIENTATIONS

1. Strengthening freedom

1.1. Citizenship of the Union

full

enhanced by

The right of all EU citizens to move and reside freely in the
territory of the Member States is the central right of citizenship
of the Union. Practical significance of citizenship of the Union
will be
implementation of Directive
2004/38 (1), which codifies Community law in this field and
brings clarity and simplicity. The Commission is asked to
submit in 2008 a report to the Council and the European
for
Parliament, accompanied by proposals,
allowing EU citizens to move within the European Union on
similar terms to nationals of a Member State moving around or
changing their place of residence in their own country,
in
conformity with established principles of Community law.

if appropriate,

The European Council encourages the Union's institutions,
within the framework of their competences, to maintain an
transparent and regular dialogue with representative
open,
associations and civil society and to promote and facilitate citi-
zens' participation in public life. In particular, the European
Council invites the Council and the Commission to give special
attention to the fight against anti-semitism, racism and xeno-
phobia.

(1) Directive 2004/38/EC of

the European Parliament and of

the
Council of 29 April 2004 on the right of citizens of the Union and
their family members to move and reside freely within the territory
of the Member States amending Regulation (EEC) No 1612/68 and
repealing Directives
72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and
93/96/EEC (OJ L 158 of 30.4.2004, p. 77).

68/360/EEC,

64/221/EEC,

1.2. Asylum, migration and border policy

International migration will
continue. A comprehensive
approach, involving all stages of migration, with respect to the
root causes of migration, entry and admission policies and inte-
gration and return policies is needed.

To ensure such an approach, the European Council urges the
Council, the Member States and the Commission to pursue
coordinated, strong and effective working relations between
those responsible for migration and asylum policies and those
responsible for other policy fields relevant to these areas.

The ongoing development of European asylum and migration
policy should be based on a common analysis of migratory
their aspects. Reinforcing the collection,
phenomena in all
provision, exchange and efficient use of up-to-date information
and data on all relevant migratory developments is of key
importance.

The second phase of development of a common policy in the
field of asylum, migration and borders started on 1 May 2004.
It should be based on solidarity and fair sharing of responsi-
implications and closer practical
bility including its financial
technical assistance,
cooperation between Member States:
training, and exchange of
the
adequate and timely implementation and application of instru-
ments as well as further harmonisation of legislation.

information, monitoring of

The European Council, taking into account the assessment by
the Commission and the strong views expressed by the Euro-
pean Parliament in its Recommendation (2), asks the Council to
adopt a decision based on Article 67(2) TEC immediately after
formal consultation of the European Parliament and no later
than 1 April 2005 to apply the procedure provided for in
Article 251 TEC to all Title IV measures to strengthen freedom,
subject to the Nice Treaty, except for legal migration.

1.3. A Common European Asylum System

The aims of the Common European Asylum System in its
second phase will be the establishment of a common asylum
procedure and a uniform status for those who are granted
asylum or subsidiary protection. It will be based on the full and
inclusive application of the Geneva Convention on Refugees
and other relevant Treaties, and be built on a thorough and
instruments that have been
complete evaluation of the legal
adopted in the first phase.

(2) P6_TA-PROV (2004) 0022 A6-0010/2004.

C 53/4

EN

Official Journal of the European Union

3.3.2005

In this framework, the European Council

The European Council urges the Member States to implement
fully the first phase without delay. In this regard the Council
should adopt unanimously,
in conformity with article 67(5)
TEC, the Asylum Procedures Directive as soon as possible. The
Commission is invited to conclude the evaluation of first-phase
legal
instruments in 2007 and to submit the second-phase
instruments and measures to the Council and the European
Parliament with a view to their adoption before the end of
invites the
2010.
Commission to present a study on the appropriateness, the
possibilities and the difficulties, as well as the legal and practical
implications of joint processing of asylum applications within
the Union. Furthermore a separate study, to be conducted in
close consultation with the UNHCR, should look into the
merits, appropriateness and feasibility of joint processing of
asylum applications outside EU territory,
in complementarity
with the Common European Asylum System and in compliance
with the relevant international standards.

The European Council invites the Council and the Commission
to establish in 2005 appropriate structures involving the
national asylum services of the Member States with a view to
facilitating practical
cooperation. Thus
and collaborative
Member States will be assisted, inter alia, in achieving a single
procedure for the assessment of applications for international
protection, and in jointly compiling, assessing and applying
information on countries of origin, as well as in addressing par-
ticular pressures on the asylum systems and reception capaci-
ties resulting, inter alia, from their geographical location. After
a common asylum procedure has been established, these struc-
tures should be transformed, on the basis of an evaluation, into
a European support office for all forms of cooperation between
Member States relating to the Common European Asylum
System.

The European Council welcomes the establishment of the new
European Refugee Fund for the period 2005-2010 and stresses
the urgent need for Member States to maintain adequate
asylum systems and reception facilities in the run-up to the
establishment of a common asylum procedure. It invites the
Commission to earmark existing Community funds to assist
Member States in the processing of asylum applications and in
the reception of categories of third-country nationals. It invites
the Council to designate these categories on the basis of a
proposal to be submitted by the Commission in 2005.

1.4. Legal migration and the fight against illegal employment

Legal migration will play an important role in enhancing the
knowledge-based economy in Europe, in advancing economic
development, and thus contributing to the implementation of

the Lisbon strategy. It could also play a role in partnerships
with third countries.

The European Council emphasizes that the determination of
volumes of admission of labour migrants is a competence of
the Member States. The European Council, taking into account
the outcome of discussions on the Green Paper on labour
migration, best practices in Member States and its relevance for
implementation of the Lisbon strategy, invites the Commission
to present a policy plan on legal migration including admission
procedures capable of
responding promptly to fluctuating
demands for migrant labour in the labour market before the
end of 2005.

As the informal economy and illegal employment can act as a
pull factor for illegal immigration and can lead to exploitation,
the European Council calls on Member States to reach the
targets for reducing the informal economy set out in the Euro-
pean employment strategy.

1.5. Integration of third-country nationals

Stability and cohesion within our societies benefit from the
successful integration of legally resident third-country nationals
and their descendants. To achieve this objective, it is essential
to develop effective policies, and to prevent the isolation of
certain groups. A comprehensive approach involving stake-
holders at the local, regional, national, and EU level is therefore
essential.

While recognising the progress that has already been made in
respect of the fair treatment of legally resident third-country
nationals in the EU, the European Council calls for the creation
of equal opportunities to participate fully in society. Obstacles
to integration need to be actively eliminated.

The European Council underlines the need for greater coordina-
tion of national integration policies and EU initiatives in this
field. In this respect, the common basic principles underlying a
coherent European framework on integration should be estab-
lished.

These principles, connecting all policy areas related to integra-
tion, should include at least the following aspects.

Integration:

— is a continuous, two-way process involving both legally

resident third-country nationals and the host society,

— includes, but goes beyond, anti-discrimination policy,

— implies respect for the basic values of the European Union

and fundamental human rights,

— requires basic skills for participation in society,

3.3.2005

EN

Official Journal of the European Union

C 53/5

— relies on frequent

interaction and intercultural dialogue
between all members of society within common forums
and activities in order to improve mutual understanding,

their efforts to strengthen the capacity for the protection of
refugees. In this regard the European Council calls upon all
third countries to accede and adhere to the Geneva Convention
on Refugees.

— extends to a variety of policy areas, including employment

and education.

A framework, based on these common basic principles, will
form the foundation for future initiatives in the EU, relying on
clear goals and means of evaluation. The European Council
invites Member States, the Council and the Commission to
promote the structural exchange of experience and information
on integration, supported by the development of a widely
accessible website on the Internet.

1.6. The external dimension of asylum and migration

1.6.1. Partnership with third countries

Asylum and migration are by their very nature international
issues. EU policy should aim at assisting third countries, in full
partnership, using existing Community funds where appro-
priate, in their efforts to improve their capacity for migration
management and refugee protection, prevent and combat
inform on legal channels for migration,
illegal
resolve refugee situations by providing better access to durable
solutions, build border-control capacity, enhance document
security and tackle the problem of return.

immigration,

The European Council recognises that insufficiently managed
migration flows can result in humanitarian disasters. It wishes
to express its utmost concern about the human tragedies that
take place in the Mediterranean as a result of attempts to enter
the EU illegally. It calls upon all States to intensify their coop-
eration in preventing further loss of life.

The European Council calls upon the Council and the Commis-
sion to continue the process of fully integrating migration into
the EU's existing and future relations with third countries. It
invites the Commission to complete the integration of migra-
tion into the Country and Regional Strategy Papers for all rele-
vant third countries by the spring of 2005.

The European Council acknowledges the need for the EU to
contribute in a spirit of shared responsibility to a more acces-
sible, equitable and effective international protection system in
partnership with third countries, and to provide access to
protection and durable solutions at the earliest possible stage.
Countries in regions of origin and transit will be encouraged in

1.6.2. Partnership with countries and regions of origin

to

EU-Regional

Commission

The European Council welcomes the Commission Communica-
tion on improving access to durable solutions (1) and invites
the
Protection
develop
Programmes in partnership with the third countries concerned
and in close consultation and cooperation with UNHCR. These
programmes will build on experience gained in pilot protection
programmes to be launched before the end of 2005. These
programmes will incorporate a variety of relevant instruments,
primarily focused on capacity building, and include a joint
resettlement programme for Member States willing to partici-
pate in such a programme.

Policies which link migration, development cooperation and
humanitarian assistance should be coherent and be developed
in partnership and dialogue with countries and regions of
origin. The European Council welcomes the progress already
made, invites the Council to develop these policies, with par-
ticular emphasis on root causes, push factors and poverty alle-
viation, and urges the Commission to present concrete and
carefully worked out proposals by the spring of 2005.

1.6.3. Partnership with countries and regions of transit

As regards countries of transit, the European Council empha-
sises the need for intensified cooperation and capacity building,
both on the southern and the eastern borders of the EU, to
enable these countries better to manage migration and to
provide adequate protection for refugees. Support for capacity-
building in national asylum systems, border control and wider
cooperation on migration issues will be provided to those
countries that demonstrate a genuine commitment to fulfil
their obligations under the Geneva Convention on Refugees.

The proposal for a Regulation establishing a European Neigh-
bourhood and Partnership Instrument (2) provides the strategic
framework for
intensifying cooperation and dialogue on
asylum and migration with neighbouring countries amongst
others around the Mediterranean basin, and for initiating new
measures. In this connection, the European Council requests a
report on progress and achievements before the end of 2005.

(1) COM (2004) 410 final.
(2) COM (2004) 628 final.

C 53/6

EN

Official Journal of the European Union

3.3.2005

1.6.4. Return and re-admission policy

Migrants who do not or no longer have the right to stay legally
in the EU must return on a voluntary or, if necessary, compul-
sory basis. The European Council calls for the establishment of
an effective removal and repatriation policy based on common
standards for persons to be returned in a humane manner and
with full respect for their human rights and dignity.

The European Council considers it essential that the Council
begins discussions in early 2005 on minimum standards for
return procedures including minimum standards to support
effective national removal efforts. The proposal should also
take into account special concerns with regard to safeguarding
public order and security. A coherent approach between return
policy and all other aspects of the external relations of the
Community with third countries is necessary as is special
emphasis on the problem of nationals of such third countries
who are not in the possession of passports or other identity
documents.

The European Council calls for:

— closer cooperation and mutual technical assistance,

— launching of the preparatory phase of a European return

fund,

— common integrated country and region specific return

programmes,

— the establishment of a European Return Fund by 2007
taking into account the evaluation of the preparatory phase,

— the timely conclusion of Community readmission agree-

ments,

— the prompt appointment by the Commission of a Special

Representative for a common readmission policy.

1.7. Management of migration flows

1.7.1. Border checks and the fight against illegal immigration

The European Council stresses the importance of swift aboli-
tion of internal border controls, the further gradual establish-
ment of the integrated management system for external borders
and the strengthening of controls at and surveillance of the
external borders of the Union. In this respect the need for soli-
darity and fair sharing of responsibility including its financial
implications between the Member States is underlined.

The European Council urges the Council, the Commission and
Member States to take all necessary measures to allow the
abolition of controls at internal borders as soon as possible,
provided all requirements to apply the Schengen acquis have
been fulfilled and after the Schengen Information System (SIS
II) has become operational in 2007. In order to reach this goal,
the evaluation of the implementation of the non SIS II related
acquis should start in the first half of 2006.

the External Borders, on 1 May 2005.

The European Council welcomes the establishment of the Euro-
pean Agency for the Management of Operational Cooperation
at
It requests the
Commission to submit an evaluation of the Agency to the
Council before the end of 2007. The evaluation should contain
a review of the tasks of the Agency and an assessment of
whether the Agency should concern itself with other aspects of
border management,
including enhanced cooperation with
customs services and other competent authorities for goods-
related security matters.

The control and surveillance of external borders fall within the
sphere of national border authorities. However,
in order to
support Member States with specific requirements for control
and surveillance of
long or difficult stretches of external
borders, and where Member States are confronted with special
and unforeseen circumstances due to exceptional migratory
pressures on these borders, the European Council:

— invites the Council to establish teams of national experts
that can provide rapid technical and operational assistance
to Member States requesting it,
risk
analysis by the Border Management Agency and acting
within its framework, on the basis of a proposal by the
Commission on the appropriate powers and funding for
such teams, to be submitted in 2005,

following proper

— invites the Council and the Commission to establish a Com-
munity border management fund by the end of 2006 at the
latest,

— invites the Commission to submit, as soon as the abolition
of controls at
internal borders has been completed, a
proposal to supplement the existing Schengen evaluation
mechanism with a supervisory mechanism, ensuring full
involvement of Member States experts, and including unan-
nounced inspections.

The review of the tasks of the Agency envisaged above and in
particular the evaluation of the functioning of the teams of
national experts should include the feasibility of the creation of
a European system of border guards.

The European Council invites Member States to improve their
joint analyses of migratory routes and smuggling and traf-
ficking practices and of criminal networks active in this area,
inter alia within the framework of the Border Management
Agency and in close cooperation with Europol and Eurojust. It
also calls on the Council and the Commission to ensure the
firm establishment of immigration liaison networks in relevant
third countries.
the European Council
welcomes initiatives by Member States for cooperation at sea,
on a voluntary basis, notably for rescue operations, in accord-
ance with national and international
law, possibly including
future cooperation with third countries.

In this connection,

3.3.2005

EN

Official Journal of the European Union

C 53/7

With a view to the development of common standards, best
practices and mechanisms to prevent and combat trafficking in
human beings, the European Council invites the Council and
the Commission to develop a plan in 2005.

1.7.2. Biometrics and information systems

including the fight
The management of migration flows,
against illegal
immigration should be strengthened by estab-
lishing a continuum of security measures that effectively links
visa application procedures and entry and exit procedures at
external border crossings. Such measures are also of impor-
tance for the prevention and control of crime,
in particular
terrorism. In order to achieve this, a coherent approach and
harmonised solutions in the EU on biometric identifiers and
data are necessary.

The European Council requests the Council to examine how to
maximise the effectiveness and interoperability of EU informa-
tion systems in tackling illegal
immigration and improving
border controls as well as the management of these systems on
the basis of a communication by the Commission on the inter-
operability between the Schengen Information System (SIS II),
the Visa Information System (VIS) and EURODAC to be
released in 2005, taking into account the need to strike the
right balance between law enforcement purposes and safe-
guarding the fundamental rights of individuals.

The European Council invites the Council, the Commission and
Member States to continue their efforts to integrate biometric
identifiers in travel documents, visa, residence permits, EU citi-
zens' passports and information systems without delay and to
prepare for
for
the development of minimum standards
national identity cards, taking into account ICAO standards.

The European Council:

— invites the Commission, as a first step, to propose the
necessary amendments to further enhance visa policies and
to submit in 2005 a proposal on the establishment of
common application centres focusing inter alia on possible
synergies linked with the development of the VIS, to review
the Common Consular Instructions and table the appro-
priate proposal by early 2006 at the latest,

— stresses the importance of swift implementation of the VIS
starting with the incorporation of among others alphanu-
meric data and photographs by the end of 2006 and
biometrics by the end of 2007 at the latest,

— invites the Commission to submit without delay the neces-
in order to comply with the agreed time

sary proposal
frame for implementation of the VIS,

— calls on the Commission to continue its efforts to ensure
that the citizens of all Member States can travel without a
short-stay visa to all third countries whose nationals can
travel to the EU without a visa as soon as possible,

— invites the Council and the Commission to examine, with a
view to developing a common approach, whether in the
context of the EC readmission policy it would be opportune
to facilitate, on a case by case basis, the issuance of short-
stay visas to third-country nationals, where possible and on
a basis of reciprocity, as part of a real partnership in
external relations, including migration-related issues.

2. Strengthening security

2.1. Improving the exchange of information

1.7.3. Visa policy

is

convinced that

The European Council
strengthening
freedom, security and justice requires an innovative approach
to the cross-border exchange of law-enforcement information.
The mere fact
information crosses borders should no
longer be relevant.

that

The European Council underlines the need for further develop-
ment of the common visa policy as part of a multi-layered
system aimed at facilitating legitimate travel and tackling illegal
immigration through further harmonisation of national legisla-
tion and handling practices
consular missions.
Common visa offices should be established in the long term,
taking into account discussions on the establishment of an
European External Action Service. The European Council
welcomes initiatives by individual Member States which, on a
voluntary basis, cooperate at pooling of staff and means for
visa issuance.

local

at

the Union, a law enforcement officer

With effect from 1 January 2008 the exchange of such infor-
mation should be governed by conditions set out below with
regard to the principle of availability, which means that,
throughout
in one
Member State who needs information in order to perform his
duties can obtain this from another Member State and that the
law enforcement agency in the other Member State which
holds this information will make it available for the stated
purpose, taking into account the requirement of ongoing inves-
tigations in that State.

C 53/8

EN

Official Journal of the European Union

3.3.2005

Without prejudice to work in progress (1) the Commission is
invited to submit proposals by the end of 2005 at the latest for
implementation of the principle of availability,
in which the
following key conditions should be strictly observed:

— in cases where persons or goods are under surveillance by
security services in connection with terrorist threats, ensure
that no gaps occur in their surveillance as a result of their
crossing a border,

— the exchange may only take place in order that legal tasks

may be performed,

— the integrity of the data to be exchanged must be guaran-

teed,

— the need to protect sources of information and to secure
the confidentiality of the data at all stages of the exchange,
and subsequently,

— common standards for access to the data and common

technical standards must be applied,

— supervision of respect for data protection, and appropriate
control prior to and after the exchange must be ensured,

— individuals must be protected from abuse of data and have

the right to seek correction of incorrect data.

The methods of exchange of information should make full use
of new technology and must be adapted to each type of infor-
through reciprocal access to or
mation, where appropriate,
interoperability of national databases, or direct (on-line) access,
including for Europol, to existing central EU databases such as
the SIS. New centralised European databases should only be
created on the basis of studies that have shown their added
value.

2.2. Terrorism

The European Council underlines that effective prevention and
combating of terrorism in full compliance with fundamental
rights requires Member States not to confine their activities to
maintaining their own security, but
to focus also on the
security of the Union as a whole.

As a goal this means that Member States:

— use the powers of their intelligence and security services
not only to counter threats to their own security, but also,
as the case may be, to protect the internal security of the
other Member States,

— bring immediately to the attention of the competent autho-
rities of other Member States any information available to
their services which concerns threats to the internal security
of these other Member States,

(1) The Draft framework decision on simplifying the exchange of infor-
mation and intelligence between law enforcement authorities of the
Member States of
inparticular as regards
serious offences including terrorist acts, doc. COM(2004) 221 final.

the European Union,

In the short term all the elements of the European Council's
declaration of 25 March 2004 and the EU action plan on
combating terrorism must continue to be implemented in full,
notably that enhanced use of Europol and Eurojust should be
made and the EU Counter Terrorism Coordinator is encouraged
to promote progress.

In this context the European Council recalls its invitation to the
Commission to bring forward a proposal for a common EU
approach to the use of passengers data for border and aviation
security and other law enforcement purposes (2).

it

shall be maintained. Nevertheless

The high level of exchange of information between security
should be
services
improved, taking into account the overall principle of avail-
ability as described above in paragraph 2.1 and giving particu-
lar consideration to the special circumstances that apply to the
working methods of security services, e.g. the need to secure
the methods of collecting information, the sources of informa-
tion and the continued confidentiality of the data after the
exchange.

With effect
from 1 January 2005, SitCen will provide the
Council with strategic analysis of the terrorist threat based on
intelligence and security
intelligence from Member States'
services and, where appropriate, on information provided by
Europol.

The European Council stresses the importance of measures to
combat financing of terrorism. It looks forward to examining
the coherent overall approach that will be submitted to it by
the Secretary General/High Representative and the Commission
at its meeting in December 2004. This strategy should suggest
ways to improve the efficiency of existing instruments such as
the monitoring of suspicious financial flows and the freezing of
assets and propose new tools in respect of cash transactions
and the institutions involved in them

The Commission is
invited to make proposals aimed at
improving the security of the storage and transport of explo-
sives as well as at ensuring traceability of
industrial and
chemical precursors.

(2) Declaration on Combating terrorism adopted on 25 March 2004,

doc. 7906/04, point 6.

3.3.2005

EN

Official Journal of the European Union

C 53/9

The European Council also stresses the need to ensure adequate
protection and assistance to victims of terrorism.

— ratifying and effectively implementing the necessary legal

instruments by the end of 2004 (1),

The Council should, by the end of 2005, develop a long-term
strategy to address the factors which contribute to radicalisa-
tion and recruitment for terrorist activities.

All the instruments available to the European Union should be
used in a consistent manner so that the key concern — the
fight against terrorism — is fully addressed. To that end the
JHA Ministers within the Council should have the leading role,
taking into account the task of the General Affairs and External
Relations Council. The Commission should review Community
legislation in sufficient time to be able to adapt it in parallel
with measures to be adopted in order to combat terrorism.

The European Union will further strengthen its efforts being
directed,
in the external dimension of the area of freedom,
security and justice, towards the fight against terrorism. In this
context, the Council is invited to set up in conjunction with
Europol and the European Border Agency a network of
national experts on preventing and combating terrorism and
on border control, who will be available to respond to requests
from third countries for technical assistance in the training and
instruction of their authorities.

The European Council urges the Commission to increase the
funding for counter-terrorism related capacity-building projects
in third countries and to ensure it has the necessary expertise
to implement such projects effectively. The Council also calls
on the Commission to ensure that, in the proposed revision of
the existing instruments governing external assistance, appro-
priate provisions are made to enable rapid, flexible and targeted
counter-terrorist assistance.

2.3. Police cooperation

The effective combating of cross-border organised and other
serious crime and terrorism requires intensified practical coop-
eration between police and customs authorities of Member
States and with Europol and better use of existing instruments
in this field.

The European Council urges the Member States to enable
Europol in cooperation with Eurojust to play a key role in the
fight
and
cross-border
against
terrorism by:

(organised)

serious

crime

— providing all necessary high quality information to Europol

in good time,

— encouraging good cooperation between their competent

national authorities and Europol.

With effect from 1 January 2006, Europol must have replaced
its ‘crime situation reports’ by yearly ‘threat assessments’ on
serious
forms of organised crime, based on information
provided by the Member States and input from Eurojust and
the Police Chiefs Task Force. The Council should use these
analyses to establish yearly strategic priorities, which will serve
as guidelines for further action. This should be the next step
towards the goal of setting up and implementing a metho-
dology for intelligence-led law enforcement at EU level.

Europol should be designated by Member States as central
office of the Union for euro counterfeits within the meaning of
the Geneva Convention of 1929.

The Council should adopt
the European law on Europol,
provided for in Article III-276 of the Constitutional Treaty, as
soon as possible after the entry into force of the Constitutional
Treaty and no later than 1 January 2008, taking account of all
tasks conferred upon to Europol.

that

time, Europol must

Until
improve its functioning by
making full use of the cooperation agreement with Eurojust.
Europol and Eurojust should report annually to the Council on
their common experiences and about specific results. Further-
more Europol and Eurojust should encourage the use of and
their participation in Member States' joint investigation teams.

Experience in the Member States with the use of joint investiga-
tion teams is limited. With a view to encouraging the use of
such teams and exchanging experiences on best practice, each
Member State should designate a national expert.

(1) Europol Protocols: the Protocol amending Article 2 and the Annex
to the Europol Convention of 30 November 2000, OJ C 358
13.12.2000, p. 1, the Protocol on the privileges and immunities of
Europol, the members of its organs, its Deputy Directors and its
members of 28 November 2002 OJ C 312, 16.12.2002, p. 1 and
the
of
the
27 November 2003, OJ C 2, 6.1.2004, p. 3. The Convention of
29 May 2000 on mutual assistance in criminal matters between the
Member States, OJ C 197, 12.7.2000, p. 1 and its accompanying
Protocol of 16 October 2001 OJ C 326, 21.11.2001, p. 2 and
Framework Decision 2002/465/JHA of 13 June 2002 on Joint
Investigation Teams, OJ L 162, 20.6.2002, p. 1.

Convention

amending

Protocol

Europol

C 53/10

EN

Official Journal of the European Union

3.3.2005

The Council should develop cross-border police and customs
cooperation on the basis of common principles. It invites the
Commission to bring forward proposals to further develop the
Schengen-acquis in respect of cross border operational police
cooperation.

crises with cross-border effects affecting our citizens, vital infra-
structure and public order and security. Only then can
optimum protection be provided to European citizens and vital
infrastructure for instance in the event of a CBRN accident.

Member States should engage in improving the quality of their
law enforcement data with the assistance of Europol. Further-
more, Europol should advise the Council on ways to improve
the data. The Europol information system should be up and
running without delay.

The Council is invited to encourage the exchange of best prac-
tice on investigative techniques as a first step to the develop-
ment of common investigative techniques, envisaged in Article
III-257 of the Constitutional Treaty, in particular in the areas of
forensic investigations and information technology security.

Police cooperation between Member States is made more effi-
cient and effective in a number of cases by facilitating coopera-
tion on specified themes between the Member States
concerned, where appropriate by establishing joint investiga-
tion teams and, where necessary, supported by Europol and
Eurojust. In specific border areas, closer cooperation and better
coordination is the only way to deal with crime and threats to
public security and national safety.

Strengthening police cooperation requires focused attention on
mutual trust and confidence-building. In an enlarged European
Union, an explicit effort should be made to improve the under-
standing of the working of Member States' legal systems and
organisations. The Council and the Member States should
develop by the end of 2005 in cooperation with CEPOL stan-
dards and modules for training courses for national police offi-
cers with regard to practical aspects of EU law enforcement
cooperation.

The Commission is invited to develop,
in close cooperation
with CEPOL and by the end of 2005, systematic exchange
programmes for police authorities aimed at achieving better
understanding of the working of Member States' legal systems
and organisations.

Finally experience with external police operations should also
be taken into account with a view to improving internal
security of the European Union.

Effective management of cross-border crises within the EU
requires not only strengthening of current actions on civil
protection and vital
infrastructure but also addressing effec-
tively the public order and security aspects of such crises and
coordination between these areas.

Therefore the European Council calls for the Council and the
Commission to set up within their existing structures, while
integrated and coordi-
fully respecting national competences,
for crises with
nated EU crisis-management arrangements
cross-border effects within the EU, to be implemented at the
latest by 1 July 2006. These arrangements should at
least
further assessment of Member
address the following issues:
States' capabilities, stockpiling,
joint exercises and
operational plans for civilian crisis management

training,

2.5. Operational cooperation

Coordination of operational activities by law enforcement agen-
cies and other agencies in all parts of the area of freedom,
security and justice, and monitoring of the strategic priorities
set by the Council, must be ensured.

To that end, the Council is invited to prepare for the setting up
of the Committee on Internal Security, envisaged in Article III-
261 of the Constitutional Treaty, in particular by determining
its field of activity, tasks, competences and composition, with a
view to its establishment as soon as possible after the Constitu-
tional Treaty has entered into force.

To gain practical experience with coordination in the mean-
time, the Council is invited to organise a joint meeting every
six months between the
the Strategic
Committee on Immigration, Frontiers and Asylum (SCIFA) and
the Article 36 Committee (CATS) and representatives of the
Commission, Europol, Eurojust,
the Police Chiefs'
Task Force, and the SitCEN.

chairpersons of

the EBA,

2.6. Crime prevention

2.4. Management of crises within the European Union with cross-

border effects

On 12 December 2003 the European Council adopted the
European security strategy, which outlines global challenges,
key threats, strategic objectives and policy implications for a
secure Europe in a better world. An essential complement
thereof
is providing internal security within the European
Union, with particular reference to possible major internal

Crime prevention is an indispensable part of the work to create
an area of freedom, security and justice. The Union therefore
needs an effective tool to support the efforts of Member States
in preventing crime. To that end, the European Crime Preven-
tion Network should be professionalised and strengthened.
Since the scope of prevention is very wide, it is essential to
focus on measures and priorities that are most beneficial to
Member States. The European Crime Prevention Network
should provide expertise and knowledge to the Council and the
Commission in developing effective crime prevention policies.

3.3.2005

EN

Official Journal of the European Union

C 53/11

In this respect the European Council welcomes the initiative of
the Commission to establish European instruments
for
collecting, analysing and comparing information on crime and
victimisation and their respective trends in Member States,
using national statistics and other sources of information as
agreed indicators. Eurostat should be tasked with the definition
of such data and its collection from the Member States.

is important

It
to protect public organisations and private
companies from organised crime through administrative and
other measures. Particular attention should be given to
systematic investigations of property holdings as a tool in the
fight against organised crime. Private/public partnership is an
essential tool. The Commission is invited to present proposals
to this effect in 2006.

2.7. Organised crime and corruption

The European Council welcomes the development of a strategic
concept with regard to tackling cross-border organised crime at
EU-level and asks the Council and the Commission to develop
this concept further and make it operational, in conjunction
with other partners such as Europol, Eurojust, the Police Chiefs
Task Force, EUCPN and CEPOL.
issues
relating to corruption and its links with organised crime should
be examined.

In this connection,

2.8. European strategy on drugs

The European Council underlines the importance of addressing
the drugs problem in a comprehensive, balanced and multidis-
ciplinary approach between the policy of prevention, assistance
and rehabilitation of drug dependence, the policy of combating
illegal drug trafficking and precursors and money laundering,
and the strengthening of international cooperation.

The European Strategy on Drugs 2005-2012 will be added to
the programme after its adoption by the European Council in
December 2004.

3. Strengthening justice

obstacle to the settlement of civil law matters or to the bringing
of court proceedings and the enforcement of decisions in civil
matters.

3.1. European Court of Justice

The European Council underlines the importance of the Euro-
pean Court of Justice in the relatively new area of freedom,
security and justice and is satisfied that
the Constitutional
Treaty greatly increases the powers of the European Court of
Justice in that area.

To ensure, both for European citizens and for the functioning
of the area of freedom, security and justice, that questions on
points of law brought before the Court are answered quickly, it
is necessary to enable the Court to respond quickly as required
by Article III-369 of the Constitutional Treaty.

In this context and with the Constitutional Treaty in prospect,
thought should be given to creating a solution for the speedy
and appropriate handling of requests for preliminary rulings
concerning the area of freedom, security and justice, where
appropriate, by amending the Statutes of
the Court. The
Commission is invited to bring forward — after consultation of
the Court of Justice — a proposal to that effect.

3.2. Confidence-building and mutual trust

the legal systems of

Judicial cooperation both in criminal and civil matters could be
further enhanced by strengthening mutual trust and by progres-
sive development of a European judicial culture based on diver-
sity of
the Member States and unity
through European law. In an enlarged European Union, mutual
confidence shall be based on the certainty that all European
citizens have access to a judicial system meeting high standards
of quality. In order to facilitate full implementation of the prin-
ciple of mutual recognition, a system providing for objective
and impartial evaluation of the implementation of EU policies
in the field of justice, while fully respecting the independence
of the judiciary and consistent with all the existing European
mechanisms, must be established.

The European Council underlines the need further to enhance
work on the creation of a Europe for citizens and the essential
role that the setting up of a European Area for Justice will play
in this respect. A number of measures have already been
carried out. Further efforts should be made to facilitate access
to justice and judicial cooperation as well as the full employ-
ment of mutual recognition. It is of particular importance that
borders between countries in Europe no longer constitute an

Strengthening mutual confidence requires an explicit effort to
improve mutual understanding among judicial authorities and
different legal systems. In this regard, networks of judicial orga-
nisations and institutions, such as the network of the Councils
for the Judiciary, the European Network of Supreme Courts
and the European Judicial Training Network,
should be
supported by the Union.

C 53/12

EN

Official Journal of the European Union

3.3.2005

Exchange programmes for judicial authorities will
facilitate
cooperation and help develop mutual trust. An EU component
should be systematically included in the training of judicial
authorities. The Commission is invited to prepare as soon as
possible a proposal aimed at creating, from the existing struc-
tures, an effective European training network for judicial autho-
rities for both civil and criminal matters, as envisaged by Arti-
cles III-269 and III-270 of the Constitutional Treaty.

The Council should adopt by the end of 2005 the Framework
Decision on the European Evidence Warrant (2). The Commis-
sion is invited to present
its proposals on enhancing the
exchange of information from national records of convictions
and disqualifications,
sex offenders, by
December 2004 with a view to their adoption by the Council
by the end of 2005. This should be followed in March 2005 by
a further proposal on a computerised system of exchange of
information.

in particular of

3.3. Judicial cooperation in criminal matters

3.3.2. Approximation of law

Improvement should be sought through reducing existing legal
obstacles and strengthening the coordination of investigations.
With a view to increasing the efficiency of prosecutions, while
guaranteeing the proper administration of justice, particular
attention should be given to possibilities of concentrating the
prosecution in cross-border multilateral cases in one Member
State. Further development of judicial cooperation in criminal
matters is essential to provide for an adequate follow up to
investigations of law enforcement authorities of the Member
States and Europol.

The European Council recalls in this context the need to ratify
and implement effectively — without delay — the legal instru-
ments to improve judicial cooperation in criminal matters, as
referred to already in the paragraph on police cooperation.

3.3.1. Mutual recognition

The comprehensive programme of measures to implement the
principle of mutual recognition of judicial decisions in criminal
matters, which encompasses judicial decisions in all phases of
criminal procedures or otherwise relevant to such procedures,
such as the gathering and admissibility of evidence, conflicts of
jurisdiction and the ne bis in idem principle and the execution
of final sentences of imprisonment or other (alternative) sanc-
tions (1), should be completed and further attention should be
given to additional proposals in that context.

The further realisation of mutual recognition as the cornerstone
of judicial cooperation implies the development of equivalent
standards for procedural rights in criminal proceedings, based
on studies of the existing level of safeguards in Member States
and with due respect for their legal traditions. In this context,
the draft Framework Decision on certain procedural rights in
criminal proceedings throughout the European Union should
be adopted by the end of 2005.

that

recalls

The European Council
the establishment of
minimum rules concerning aspects of procedural law is envi-
saged by the treaties in order to facilitate mutual recognition of
judgments and judicial decisions and police and judicial coop-
eration in criminal matters having a cross-border dimension.
The approximation of substantive criminal law serves the same
purposes and concerns areas of particular serious crime with
cross border dimensions. Priority should be given to areas of
crime that are specifically mentioned in the treaties.

To ensure more effective implementation within national
systems,
should be responsible within the
Council for defining criminal offences and determining penal-
ties in general.

JHA Ministers

3.3.3. Eurojust

Effective combating of cross-border organised and other serious
crime and terrorism requires the cooperation and coordination
of investigations and, where possible, concentrated prosecu-
tions by Eurojust, in cooperation with Europol.

The European Council urges the Member States to enable Euro-
just to perform its tasks by:

— effectively implementing the Council Decision on Eurojust
by the end of 2004 (3) with special attention to the judicial
powers to be conferred upon their national members, and

— ensuring full cooperation between their competent national

authorities and Eurojust.

The Council should adopt on the basis of a proposal of the
Commission the European law on Eurojust, provided for in
Article III-273 of the Constitutional Treaty, after the entry into
force of the Constitutional Treaty but no later than 1 January
2008, taking account of all tasks referred to Eurojust.

(1) OJ C 12, 15.1.2001, pages 10-22.

(2) COM(2003) 688.
(3) OJ L 63, 6.3.2002, pages 1-3.

3.3.2005

EN

Official Journal of the European Union

C 53/13

that

time, Eurojust will

Until
improve its functioning by
focusing on coordination of multilateral, serious and complex
cases. Eurojust should include in its annual report
to the
Council the results and the quality of its cooperation with the
Member States. Eurojust should make maximum use of the
cooperation agreement with Europol and should continue
cooperation with the European Judicial Network and other rele-
vant partners.

the commencement of proceedings, enforcement of

ments,
judgments and transparency of costs.

Regarding family and succession law,
invited to submit the following proposals:

the Commission is

The European Council
to consider the
further development of Eurojust, on the basis of a proposal
from the Commission.

invites the Council

3.4. Judicial cooperation in civil matters

3.4.1. Facilitating civil law procedure across borders

law,

including family law, concerns citizens in their
Civil
everyday lives. The European Council therefore attaches great
importance to the continued development of judicial coopera-
tion in civil matters and full completion of the programme of
mutual recognition adopted in 2000. The main policy objective
in this area is that borders between countries in Europe should
no longer constitute an obstacle to the settlement of civil law
matters or to the bringing of court proceedings and the enfor-
cement of decisions in civil matters.

3.4.2. Mutual recognition of decisions

recognition of decisions is an effective means of
Mutual
protecting citizens' rights and securing the enforcement of such
rights across European borders.

Continued implementation of the programme of measures on
mutual recognition (1) must therefore be a main priority in the
coming years
to ensure its completion by 2011. Work
concerning the following projects should be actively pursued:
the conflict of
regarding non-contractual obligations
(‘Rome II’) and contractual obligations (‘Rome I’), a European
Payment Order and instruments concerning alternative dispute
resolution and concerning small claims. In timing the comple-
tion of these projects, due regard should be given to current
work in related areas.

laws

The effectiveness of existing instruments on mutual recognition
should be increased by standardising procedures and docu-
ments and developing minimum standards for aspects of proce-
dural law, such as the service of judicial and extra-judicial docu-

(1) OJ C 12, 15.1.2001, pages 1-9.

— a draft instrument on the recognition and enforcement of
precautionary

decisions
measures and provisional enforcement in 2005,

on maintenance,

including

— a green paper on the conflict of laws in matters of succes-
sion, including the question of jurisdiction, mutual recogni-
tion and enforcement of decisions in this area, a European
certificate of inheritance and a mechanism allowing precise
knowledge of the existence of last wills and testaments of
residents of European Union in 2005, and

— a green paper on the conflict of laws in matters concerning
including the question of

matrimonial property regimes,
jurisdiction and mutual recognition in 2006,

— a green paper on the conflict of laws in matters relating to

divorce (Rome III) in 2005.

Instruments in these areas should be completed by 2011. Such
instruments should cover matters of private international law
and should not be based on harmonised concepts of ‘family’,
‘marriage’, or other. Rules of uniform substantive law should
only be introduced as an accompanying measure, whenever
necessary to effect mutual recognition of decisions or
to
improve judicial cooperation in civil matters.

the programme of mutual

Implementation of
recognition
should be accompanied by a careful review of the operation of
instruments that have recently been adopted. The outcome of
the
such reviews should provide the necessary input
preparation of new measures.

for

3.4.3. Enhancing cooperation

With a view to achieving smooth operation of instruments
judicial or other bodies, Member
involving cooperation of
States should be required to designate liaison judges or other
competent authorities based in their own country. Where
appropriate they could use their national contact point within
the European Judicial Network in civil matters. The Commis-
sion is invited to organise EU workshops on the application of
EU law and promote cooperation between members of the
legal professions (such as bailiffs and notaries public) with a
view to establishing best practice.

C 53/14

EN

Official Journal of the European Union

3.3.2005

3.4.4. Ensuring coherence and upgrading the quality of EU

4. External relations

legislation

In matters of contract law, the quality of existing and future
Community law should be improved by measures of consolida-
tion, codification and rationalisation of legal
instruments in
force and by developing a common frame of reference. A
framework should be set up to explore the possibilities to
develop EU-wide standard terms and conditions of contract law
which could be used by companies and trade associations in
the Union.

Measures should be taken to enable the Council to effect a
more systematic scrutiny of the quality and coherence of all
Community law instruments relating to cooperation on civil
law matters.

3.4.5. International legal order

The Commission and the Council are urged to ensure coher-
ence between the EU and the international
legal order and
continue to engage in closer relations and cooperation with
international organisations such as The Hague Conference on
Private International Law and the Council of Europe, particu-
larly in order to coordinate initiatives and to maximise syner-
gies between these organisations' activities and instruments and
the EU instruments. Accession of the Community to the Hague
Conference should be concluded as soon as possible.

The European Council considers the development of a coherent
external dimension of the Union policy of freedom, security
and justice as a growing priority.

In addition to the aspects already addressed in the previous
chapters, the European Council calls on the Commission and
the Secretary-General / High Representative to present, by the
end of 2005, a strategy covering all external aspects of the
Union policy on freedom, security and justice, based on the
measures developed in this programme to the Council. The
strategy should reflect the Union's special relations with third
countries, groups of countries and regions, and focus on the
specific needs for JHA cooperation with them.

All powers available to the Union, including external relations,
should be used in an integrated and consistent way to establish
the area of freedom, security and justice. The following guide-
lines (1) should be taken into account: the existence of internal
policies as the major parameter justifying external action; need
for value added in relation to projects carried out by the
Member States; contribution to the general political objectives
of the foreign policies of the Union; possibility of achieving the
goals during a period of reasonable time; the possibility of
long-term action.

(1) Established at the European Council meeting in Feira in 2000.