Communication from the Commission to the Council and the European Parliament - Report on the implementation of The Hague programme for 2006 {SEC(2007)896} {SEC(2007)897}
Date: 2007-07-03
Institutions: European Commission
Subjects: EU migration policy, EU police cooperation, EU programme, EU visa policy, European citizenship, customs cooperation, fight against crime, judicial cooperation in criminal matters in the EU, project evaluation, protection of freedoms

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.7.2007 
COM(2007) 373 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Report on the implementation of The Hague programme for 2006 

{SEC(2007)896} 
{SEC(2007)897} 

EN 

   EN 

 
 
 
  
 
 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Report on the implementation of The Hague programme for 2006 

1. 

2. 

3. 

1. 

4. 

5. 

6. 

1 

2 
3 

This Communication addresses the Council’s wish for the Commission to submit an 
annual report on the implementation of The Hague Programme and its Action Plan1. 
The methodology follows the one used in the first (2005) annual report2. 

The scope of this exercise is to monitor the adoption of the measures envisaged in 
the  Hague  Programme.  This  includes  the  drugs  action  plan,  the  strategy  on  the 
external aspects of the area of freedom, security and justice, and the action plan on 
the fight against terrorism, which supplement the Hague Action Plan, in accordance 
with the set timetable. All the measures planned for 2006, as well as those that were 
not  achieved  in  2005,  are  therefore  explored  in  this  Communication  (Part  I  and 
Annex 1). The Communication also mentions, where relevant, some linked measures 
that  were  not  included,  as  such,  in  the  Action  Plan.  Future  annual  reports  will 
examine 2007 onwards. 

As  in  the  2005  exercise,  this  communication  monitors  both  EU  level  adoption  and 
the national implementation of these policies (Part II and Annex 2). 

MONITORING  OF  THE  ADOPTION  OF  MEASURES  SCHEDULED  FOR  2006  UNDER  THE 
HAGUE PROGRAMME 

The general overall assessment is mixed3. 53% of the actions assessed have been 
achieved;  however  progress  was  not  consistent  in  all  policy  areas.  The  2006 
Report  presents  a  lower  rate  of  achievement  compared  to  that  of  2005,  with  an 
increase in actions that had to be delayed of 27%. Table 1 presents this information 
on  the  state  of  play  for  measures  planned  for  2006  (or  for  actions  not  previously 
achieved in 2005) or ongoing actions in the Hague Action Plan. 

A satisfactory level of achievement occurred mainly in the following areas: respect 
and  protection  of  fundamental  rights,  European  Citizenship,  judicial  cooperation  in 
civil  matters,  European  strategy  on  drugs,  asylum  and  migration,  visa  and  border 
policies and fight against terrorism.  

An  insufficient  level  of  achievement  happened  primarily  in  the  following  areas: 
police and customs cooperation, prevention of and fight against organised crime and 
judicial cooperation in criminal matters. 

The Hague programme: strengthening freedom, security and justice in the European Union (OJ C 53, 
3.3.2005,  p.  1)  and  Council  and  Commission  action  plan  implementing  the  Hague  programme  on 
strengthening freedom, security and justice in the European Union (OJ C 198, 12.8.2005, p. 1). 
COM(2006)333 final. 
The  assessment  of  level  of  achievement  refers  both  to  presentation  of  Commission  proposals  and 
initiatives, and adoption by Council and the European Parliament. 

EN 

2 

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General State of Play

1%

27%

19%

53%

Achieved Postponed to 2007 Delayed Not Relevant Anymore

State of play by policy

100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%

Evaluation

Fight Against Illegal Immigration
Judicial Cooperation in Criminal Matters
Judicial Cooperation in Civil Matters
Common European Asylum System
Confidence Building and Mutual Trust
Police and Customs Cooperation
General Crime Prevention
Intergration of Third Country Nationals
Asylum, Migration and Border Policy
European Strategy on Drugs
Citizenship of the Union
Legal Migration
Visa policy, incl. the development o...
European Court of Justice
Management of Crisis Within the Eu...
Border Management, Biometrics, In...
Prevention of and Fight Against Org...
External Dimension of Asylum and ...
Respect and protection of fundame...
Sharing of info. Among law enfor...

Terrorism

Achieved Delayed

Postponed to 2007 Not Relevant Anymore

EN 

3 

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1.1. 

General Orientations 

1.1.1.  Evaluation 

7. 

Evaluation  of  policies  is  important.  The  JHA  Council4  of  4th  December  2006 
recognised  the  need  for  improving  existing evaluation  mechanisms,  while  avoiding 
any  duplication  of  efforts  at  EU  and  national  levels.  Council  Presidency  and 
Commission  were  invited  to  further  discuss  the  scope  and  modalities  of  the 
evaluation mechanism. An ad hoc meeting within the Council took place in May. A 
meeting of the "Experts' Group on Evaluation" may take place in 2007 and the first 
evaluation report could be issued in June 2008. 

1.1.2.  Respect and protection of fundamental rights 

8. 

9. 

10. 

Performance  is  generally  satisfactory.  Most  of  the  actions  planned  for  2006  have 
been carried out, or are underway. 

The legal basis5 of the Fundamental Rights Agency was adopted by the Council on 
15th February 2007. The Agency was created on 1st March 2007. On 4 July 2006 the 
Commission adopted a Communication "Towards an EU Strategy on the Rights of 
the Child", originally scheduled for 2005. This action was postponed to 2006 due to 
the  need  for  intensive  preparatory  work  and  to  take  account  of  various  interests. 
Several  projects  on  prevention  measures  to  combat  violence  against  women  were 
financed during 2005 and implemented in 2006. 

On data protection, the Communication on the follow-up of the Work Programme for 
a better implementation of the data protection Directive, originally planned for 2005, 
was  adopted  on  7th  March  20076,  and  the  Communication  on  promoting  Privacy 
Enhancing Technologies (PETs) has been adopted in May 2007. 

1.1.3.  European Court of Justice 

11. 

Discussion  on  enabling  the  European  Court  of  Justice  to  handle  requests  for 
preliminary rulings in the freedom, security and justice area is ongoing. This is based 
on  options  submitted  by  the  European  Court  of  Justice  in  autumn  2006,  and  the 
Commission's Communication of 28th June 20067. 

1.1.4.  European Strategy on Drugs 

12. 

13. 

All actions foreseen for 2006 in this domain have been achieved. 

The Hague Action Plan underlines the importance of addressing the drugs problem in 
a  comprehensive,  balanced  and  multidisciplinary  approach.  The  Union  adopted  a 
drugs strategy 2005-2012 in December 2004 and an EU action plan on drugs (2005-
2008)  in  June  2005.  Given  the  short  period  of  time  since  the  new  Action  Plan,  the 
Commission presented the first review on 21st December 2006. 

4 
5 
6 
7 

Refer to Conclusions of the JHA Council of 4th December 2006. 
Regulation EC (2007)168.  
COM (2007) 87 final. 
COM(2006)333 final. 

EN 

4 

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14. 

Moreover, on 26th June 2006, the Commission adopted a Green paper on the Role 
of Civil Society in Drugs Policy in the EU. This consulted on how best to organise 
a structured and continuous dialogue between the Commission and civil society in 
order  to  better  involve  those  most  directly  concerned  by  the  drugs  problem  in  the 
policy process at EU level. Following the positive response to the consultation, the 
Commission will set up a Civil Society Forum on drugs. 

1.2. 

Strengthening Freedom 

1.2.1.  Citizenship of the Union 

15. 

16. 

17. 

18. 

Most actions in this category, which has a high practical significance for EU citizens, 
have been achieved. 

On  5th  April  2006,  the  Commission  published  a  report  on  the  application  of 
Directives  90/364/EEC,  90/365/EEC  and  93/96/EEC  on  free  movement  and 
residence  and  on  the  situation  of  the  nationals  of  the  new  Member  States.  The 
Commission  monitors  closely  the  transposition  of  Directives  and  when  necessary 
launches  infringement  procedures  against  those  Member  States  that  fail  to  comply 
with their transposition obligations (see part 2.2). 

On 12th December 2006, the Commission adopted a Communication on European 
elections 2004 which consisted of a report on the participation of EU citizens in the 
Member  States  of  residence  and  on  electoral  arrangements  and  a  proposal  for  a 
Council  Directive  amending  Directive  93/109/EC  of  6th  December  1993,  an  action 
originally planned for 2005. 

On 28th November 2006, the Commission issued a Green Paper on diplomatic and 
consular protection. This can be considered as a preparatory action to the adoption 
of a strategic initiative scheduled for the fourth quarter of 2007, which will include 
information campaigns and other concrete measures to make EU citizens fully aware 
of their rights to consular and diplomatic protection.  

1.2.2.  Asylum, Migration and Border Policy – Common Analysis of migratory phenomena 

19. 

20. 

21. 

in all their aspects 

Progress in this area has been constant. 

The EU framework Regulation on the collection of migration and asylum statistics 
(originally scheduled for 2005) has been adopted in June 2007 following a political 
compromise in December 2006 between the Council and the European Parliament on 
the Commission's proposal. 

On 28 November 2005, the Commission also adopted a Green Paper on the European 
Migration Network, which will be followed by a legislative proposal on the setting 
up of the network in 2007.  

1.2.3.  Common European Asylum System 

22. 

In this area, results are mixed. 

EN 

5 

   EN 

 
23. 

24. 

25. 

The  proposal  on  long-term  resident  status  for  beneficiaries  of  international 
protection,  originally  foreseen  for  2005  has  been  postponed  to  2007;  adoption 
intervened  eventually  on  6  June  20078.  Studies  on  the  implication,  appropriateness 
and feasibility of joint  processing of asylum applications will be carried out by the 
end of 2007. 

On 24th May 2006 the Commission adopted an amended proposal for a decision of 
the  European  Parliament  and  the  Council  establishing  the  European  Refugee  Fund 
for  the  period  2008-2013  as  part  of  the  general  programme  of  Solidarity  and 
Management of Migration Flows. The Council and the European Parliament reached 
a political agreement on the proposal in December 2006. 

Two  actions  related  to  the  European  Refugee  Fund  carried  over  from  2005  were 
achieved  in  2006.  Firstly,  the  final  report  on  the  European  Refugee  Fund  has  been 
adopted  on  8th  December  2006.  Secondly,  the  proposal  to  amend  the  European 
Refugee Fund in order to assist Member States in the reception of certain categories 
of third-country nationals has been agreed upon in first reading in December 2006. 

1.2.4.  Legal Migration 

26. 

27. 

In  December  2006,  the  Commission  adopted  a  Communication  on  a  Global 
approach to migration9. This was not included in the Hague Action Plan, but was 
the  basis  for  the  conclusions  of  the  European  Council  of  14th  and  15th  December 
2006.  These  called  for  well-managed  migration  policies,  fully  respecting  national 
competencies,  to  assist  Member  States  to  meet  existing  and  future  needs  while 
contributing to the sustainable development of all countries. 

The  only  action  in  legal  migration  included  in  the  Action  Plan  for  2006  was  the 
assessment and monitoring of the transposition and implementation of the first phase 
directives on legal migration. The Commission has financed a study – covering also 
instruments on asylum - which will be completed by the end of 2007. 

1.2.5. 

Integration of Third Country Nationals 

28. 

29. 

30. 

The actions projected for 2006 in this area have been mostly achieved. 

The  main  focus  was  to  share  information  and  experience  on  integration.  The 
implementation of the selected INTI projects (Integration of third country nationals) 
from the 2005 proposals is underway. The selection of projects from 2006 has taken 
place and the selected projects are currently being implemented. 

On  30th  June  2006  the  Commission  presented  the  Second  Annual  Report  on 
Migration and Integration10 which provides an overview of migration trends in the 
European  Union,  analysing  the  changes  and  describing  actions  taken  regarding  the 
admission and integration of immigrants at national and EU level in the calendar year 
2004. 

8 
9 

10 

COM(2007)298. 
COM(2006)735 final. This was followed by a second Communication extending the global approach to 
Eastern and Southern European countries (COM(2007)247). 
SEC(2006) 892. 

EN 

6 

   EN 

 
                                                 
31. 

The Commission also developed the first edition of the "Handbook on integration" 
in 2006 (the second edition was issued in May 2007) and is currently developing the 
website on integration. 

1.2.6.  Fight Against Illegal Immigration 

32. 

33. 

34. 

35. 

Some significant achievements took place in this area during 2006. 

The 2nd annual report on the common policy on illegal migration was presented on 
the  19th  July  2006  and  annexed  to  the  Commission  Communication  on  policy 
priorities in the fight against illegal immigration of third-country nationals. 

The  European  Council  conclusions  of  14th  December  2006,  built  on  this 
Communication  with  a  proposal  for  a  Directive  on  sanctions  against  employers  of 
illegal immigrants. This was adopted on 16 May 2007. 

Good  progress  was  made  in  relation  to  readmission  policy.  EC  readmission 
agreements  are  in  force  with  Hong  Kong,  Macao,  Sri  Lanka  and  Albania.  The 
Community  readmission  agreement  with  Russia  was  signed  on  the  25th  May  2006 
and following the achievement of the necessary procedures, entered into force on 1st 
June  2007.  The  agreement  with  Ukraine  was  initialled  on  27th  October  2006  and 
formal  signature  is expected  in  June 2007. Negotiations of readmission agreements 
have  been  completed  in  spring  2007  with  Serbia,  the  former  Yugoslav  Republic  of 
Macedonia, Bosnia and Herzegovina, Montenegro and Moldova. 

1.2.7.  External Dimension of Asylum and Migration 

36. 

The  Commission  proposed  a  framework  development  of  EU  regional  protection 
programmes which was supported by the Member States. Pilot projects were started 
beginning 2007 in Tanzania and in the Western Newly Independent States.  

1.2.8.  Border Management, Biometrics, Information Systems and Visa Policy 

37. 

38. 

39. 

Substantial developments occurred in this area. 

On  6th  November  2006,  the  Commission  adopted  the  recommendation  establishing 
the  practical  handbook  for  border  guards,  an  important  element  in  the 
establishment of an integrated management system for external borders. 

On 20 December 2006 the European Parliament and the Council adopted Regulation 
No  1987/2006  on  the  establishment,  operation  and  use  of  the  second  generation 
Schengen information system (SIS II)11 and  Regulation No 1986/2006 regarding 
access  to  the  Second  Generation  Schengen  Information  System  (SIS  II)  by  the 
services 
issuing  vehicle  registration 
certificates12.  The  third-pillar  Decision13  forming  part  of  this  legislative  package  is 
due  to  be  adopted  in  the  course  of  2007  due  to  parliamentary  reservations  of  some 
Member States. 

the  Member  States  responsible  for 

in 

11 
12 
13 

OJ L381/4 of 28/12/2006. 
OJ L381/1 of 28/12/2006. 
COM(2005)230 final. 

EN 

7 

   EN 

 
                                                 
40. 

41. 

On  10th  March  2006,  the  Commission  presented  a  modified  proposal  for  a  Council 
regulation  concerning  the  use  of  biometrics  in  residence  permits.  On  28th  June 
2006,  the  Commission  adopted  a  decision  laying  down  the  technical  specifications 
on  the  standards  for  security  features  and  biometrics  in  passports  and  travel 
documents issued by Member States.  

On  24th  November  2005,  the  Commission  adopted  a  Communication  on  improved 
effectiveness, enhanced interoperability and synergies among European databases in 
the  area  of  Justice  and  Home  Affairs.  This  was  done  in  relation  to  the  Hague 
Programme's  invitation  to  the  Commission  to  publish  a  Communication  on  the 
interoperability between the SIS II, VIS, and EURODAC. 

1.2.9.  Visa Policy, including the Development of the Visa Information System (VIS) 

42. 

43. 

44. 

45. 

46. 

47. 

There was considerable progress in this area as well. A number of actions originally 
foreseen for 2005 were achieved during 2006. 

These  actions  include  proposals  on  the  necessary  amendments  to  further  enhance 
visa policy and the establishment of common application centres for visas, amending 
the  Common  Consular  Instructions  on  visa  fees,  and  the  review  of  the  Common 
Consular Instructions, concerning in particular local consular cooperation. 

On 19th December 2006, the Council adopted the Commission proposal for a Council 
Regulation  amending  Regulation  No  539/2001  regarding  the  regular  review  of  the 
visa list. 

The report on the operation of the Kaliningrad transit scheme was presented by the 
Commission on 22nd December 2006. 

The date of full implementation of the Visa Information System (VIS) cannot yet be 
confirmed  mainly  because  on  the  legal  basis  for  the  system,  the  VIS  Regulation,  a 
political  agreement  between  the  Council  and  European  Parliament  was  reached  in 
June 2007. A finalised schedule will be agreed once the legal basis has been adopted 
(see  also  paragraph  49  in  relation  to  the  VIS  Decision  on  access  to  VIS  by  police 
authorities). 

Visa facilitation agreements have been signed with Russia and Ukraine. Negotiations 
of  visa  facilitation  agreements  have  been  completed  in  spring  2007  with  Albania, 
Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro, 
Serbia  and  Moldova.  These  agreements  are  expected  to  be  concluded  before  end 
2007. 

1.3. 

Strengthening Security 

1.3.1. 

Sharing  of  information  among  law  enforcement  and  judicial  authorities  while 
striking the right balance between privacy and security 

48. 

49. 

EN 

There are mixed results in this area. 

The Draft Proposal for a Council Decision concerning "access for consultation of the 
Visa Information System (VIS) by the authorities of Member States responsible for 
internal  security  and  by  Europol  for  the  purposes  of  the  prevention,  detection  and 

8 

   EN 

 
investigation  of  terrorist  offences  and  of  other  serious  criminal  offences"  was 
presented by the Commission on 24th November 2005. Its adoption is linked to the 
adoption  of  the  VIS  Regulation.  Political  agreement  on  this  Decision  between  the 
European Parliament and the Council was reached in June 2007.  

The  Framework  Decision  on  simplifying  the  exchange  of  information  and 
intelligence  was  adopted  by  Council  on  18  December  2006  (2006/9060/JHA).  The 
2007 German initiative for a Decision to transpose most of the non-Schengen related 
third  pillar  part  of  the  Treaty  of  Prüm  into  the  institutional  mechanism  of  the 
European Union, including fingerprints, DNA, and vehicle registration data, could be 
considered as partial implementation of the principle of availability. Also the access 
by police to the VIS would be a step towards the implementation of the principle of 
availability.  

The  Proposal  concerning  a  common  EU  approach  to  the  use  of  passenger  data  for 
border  and  aviation  security  and  other  law  enforcement  purposes  is  progressing. 
Consultations  with  Member  States  and  national  and  international  associations  are 
underway.  

50. 

51. 

1.3.2.  Terrorism 

52. 

53. 

54. 

55. 

56. 

57. 

Progress in this area has been constant.  

Member  States  must  work  together.  The  Hague  Programme  underscores  that 
effective prevention and combating of terrorism in full compliance with fundamental 
rights requires Member States to focus not only on their own security but rather on 
the security on the Union as a whole.  

Ahead  of  schedule,  on  29th  November  2005, 
the  Commission  adopted  a 
Communication  on  the  prevention  of  and  Fight  against  Terrorist  Financing 
through  enhanced  national  level  coordination  and  greater  transparency  of  the  non-
profit sector.  

The general approach to the creation of the European Law enforcement  network 
(LEN) had to be discontinued due to lack of support by Member States.  

The  discussion  about  the  legislative  initiative  presented  by  Austria  for  a  Council 
Decision  pertaining  to  the  ATLAS  cooperation  (a  network  for  counter  terrorism 
cooperation) has been suspended because Council considers that some elements are 
already  present  in  the  initiative  transposing  the  non-Schengen  related  third  pillar 
elements of the Treaty of Prüm. Austria is currently revising its initiative. 

is 

line  with 

the  Commission 

the  Hague  Programme, 

in 
In 
institution/capacity  building  measures  in  third  countries  to  fight  terrorism.  The 
Commission is working to mainstream counter-terrorism related activities into all its 
external  actions.  A  standard  counter  terrorism  clause  is  systematically  part  of  all 
the  European 
agreements  under  negotiation  or 
to  be  concluded  and  of 
Neighbourhood  Policy  Action  Plans.  The  Commission 
sustaining 
is 
institutional/capacity-building  measures  in  third  countries  in  the  fields  of  justice, 
freedom and security which, at the same time, contribute to fighting against terrorism 
(e.g. justice, police, money-laundering, etc.). 

investing 

EN 

9 

   EN 

 
58. 

59. 

60. 

61. 

62. 

63. 

64. 

Following  the  European  Council's  call,  the  Commission  took  the  endeavour  to 
integrate  or  mainstream  counter-terrorism  objectives  into  country  and  regional 
strategy papers and action plans, as to the extent possible under the relevant external 
aid instruments.  

The Council General Secretariat  drafted a report on the  basis of the answers of the 
Member  States  given  to  the  recommendations  of  the  evaluation  teams  in  the 
framework of the first round of peer evaluation on counter-terrorism measures. The 
report,  approved  in  the  Terrorism  Working  Party  in  March  2007,  consisted  of  two 
parts:  an  overall  assessment  of  the  implementation  of  recommendations  and  an 
overview of the state-of-play in each Member State.  

Due to disagreements between Member States, the proposal on the conclusion and on 
the  signature  of  the  Council  of  Europe  Convention  against  money  laundering  and 
terrorist financing does not progress in Council. 

On 13th December 2006, the Commission adopted a Draft Decision on Financing a 
set  of  actions  with  a  view  to  strengthen  the  European  Commission's  capacity  to 
contribute to the EU's management of crises, notably those related to terrorist attacks, 
campaigns  or  threats.14  This  entails  the  implementation  of  the  crisis  management 
capacity, back-to-back with the development of the EU integrated crisis management 
arrangements. 

The  Communication  on  a  European  Programme  for  Critical  Infrastructure 
Protection15 was adopted on the 12th December 2006. The general objective of this 
programme is to improve the protection of critical infrastructures in the EU through 
the creation of an EU framework concerning the protection of critical infrastructures. 

The legislative proposal comprising the creation of a critical infrastructures early 
warning  information  network  (CIWIN),  taking  into  account  the  reactions  to  the 
Green Paper on the protection of infrastructures, originally planned for 2006 had to 
be delayed to 2008. 

Political agreement on the Civil Protection Financial Instrument was reached at the 
end of 2006, leading to the formal adoption of the Council Decision16 on 5th March 
2007. 

1.3.3.  Prevention of and Fight Against Organised Crime 

65. 

66. 

The rate  of achievement in  this area during  2006 has been lower than that of  last 
year. 

On  2nd  May  2006,  the  Commission  adopted  the  Implementation  Report 
concerning the Council Framework Decision on combating trafficking in human 
beings.  A  Commission  decision  regarding  the  setting  up  of  the  experts  group  on 
trafficking human beings in expected shortly. 

14 
15 
16 

C(2006)6507 
COM (2006) 786 
Council Decision 2007/162/EC, Euratom. 

EN 

10 

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67. 

68. 

69. 

70. 

The Communication 'A comprehensive and coherent European Union strategy to 
measure  crime  and  criminal  justice:  an  EU  Action  plan  2006-2010',  originally 
intended for 2005, was adopted on 7th August 2006 and is now under the process of 
implementation.  The  Commission  working  paper  on  criminal  intelligence-led  law 
enforcement originally planned for 2005 had to be delayed further. 

EUROPOL  produced  the  first Organised  Crime  Threat  Assessment  in  2006  and 
the Council adopted the conclusions setting out strategic priorities in June 2006. 

A lack of consensus meant that most of the Commission's proposed actions related to 
the prevention of organised crime, the strengthening of the tools to address financial 
aspects  of  organised  crime,  and  the  improvement  of  legislation  and  review  of 
existing  legal  instruments  were  not  achieved  in  2006  and  were  delayed.  One 
parliamentary  reservation  remains  in  the  adoption  of  a  framework  decision  on 
participation in a criminal organisation. 

The  Commission  Communication  planned  for  2006  on  developing  a  general  policy 
on fighting cyber-crime was adopted on 22 May 2007. The proposal on conclusion 
of the United Nations Convention against Corruption on behalf of the EC has been 
adopted on the 22nd February 2006. 

1.3.4.  Police and Customs Cooperation 

71. 

72. 

73. 

74. 

Progress has been slow in this area. 

In  December  2006,  the  Commission  submitted  a  proposal  aimed  at  establishing 
EUROPOL on the basis of a Council Decision, including all the amendments already 
incorporated  in  the  three  Protocols,  as  well  as  further  improvements  to  address  the 
new challenges faced by EUROPOL and to increase the effectiveness of its support 
for the law enforcement authorities of the Member States. 

Implementation has been particularly slow on measures related to the improvement 
of law enforcement cooperation and development of the Schengen acquis in respect 
of  cross-border  operational  law  enforcement.  A  similar  situation  is  found  in  the 
measures  related  to  the  systematic  exchange  programmes  for  law  enforcement 
officers' authorities. 

There has been progress in operational cooperation. A set of recommendations on the 
Custom  IT  system  was  adopted  in  May  2006  and  the  work  to  strengthen  law 
enforcement cooperation in the Western Balkans, with SECI (South East Cooperative 
Initiative) as an important tool, is continuing. The Council adopted the Conclusions 
on  the  further  development  of  the  SECI  on  4-5th  December  2006.  Efforts  to  give 
EUROPOL the means to play a central role in the fight against organised crime are 
ongoing. 

75. 

The definition of the role of the security committee (COSI) is linked to the entry into 
force of the Constitutional Treaty. 

1.3.5.  Management of Crisis Within the European Union 

76. 

Refer to points61-63. 

EN 

11 

   EN 

 
1.3.6.  General Crime Prevention 

77. 

the  Commission  worked 

During  2006, 
strengthening  and 
professionalising of the prevention of crime, and helping to increase the role of the 
European  Crime  Prevention  Network  (EUCPN).  An  expert  group  on  the  policy 
needs of data on crime and criminal justice was established through a Decision of 7th 
August 2006.  

towards 

the 

1.3.7.  Confidence Building and Mutual Trust 

78. 

As envisaged in The Hague Action plan, the Commission adopted a Communication 
on judicial training on the 29th June 2006. Furthermore, a Commission Decision on 
the preparatory action to implement the exchange programme for judicial authorities 
was  adopted  on 11th July 2006. Exchanges will start in May 2007 and will involve 
400 judges and prosecutors. An evaluation of the Pilot project is scheduled for 2007. 

1.3.8. 

Judicial Cooperation in Criminal Matters 

79. 

80. 

81. 

82. 

83. 

In  general,  progress  in  this  area  has  been  slow  and  several  actions  have  been 
delayed. 

The main focus during 2006 in this area has been on pursuing the implementation of 
the mutual recognition principle. On the 4th July 2006, the Commission adopted a 
Working  Document  on  the  feasibility  of  an  index  of  third-country  nationals 
convicted  in  the  European  Union.  Moreover,  on  the  29th  August  2006,  the 
Commission adopted a proposal on mutual recognition of non-custodial pre-trial 
supervision measures.  

The  second  report  on  the  implementation  of  the  Framework  Decision  on  the 
European Arrest Warrant and the surrender procedures between Member States 
is expected in the fourth quarter of 2007. Similarly, the report on the implementation 
of the Framework Decision of 22nd July 2003 on freezing property or evidence and 
the proposal on driving disqualifications had to be postponed to 2008. The initiative 
to  facilitate  the  prosecution  of  road  traffic  offences  is  foreseen  during  the  second 
quarter of 2007.  

The  Green  Paper  on  default  (in  absentia)  judgements  had  to  be  delayed. 
Likewise, the recommendation on minimum standards for capturing and exchanging 
electronic evidence and the further development of the European Judicial Network 
in criminal matters had to be delayed. 

With  regards  to  harmonisation,  on  26th  April  2006,  the  Commission  adopted  the 
Green Paper on presumption of innocence which was planned for 2005. However, 
the second report on the implementation of the Framework decision on the status of 
victims  in  criminal  proceedings  originally  planned  for  2005  has  again  been 
postponed  to  2008  given  that  Member  States  have  failed  to  supply  sufficient 
information. 

1.3.9. 

Judicial Cooperation in Civil Matters 

84. 

Achievements in the area of judicial cooperation in civil matters during 2006 were 
remarkable. 

EN 

12 

   EN 

 
85. 

86. 

87. 

88. 

89. 

90. 

91. 

The  Hague  Programme  attached  great  importance  to  the  continued  development  of 
judicial  cooperation  in  civil  matters  and  the  full  completion  of  the  programme  of 
mutual recognition adopted in 2000. 

Two Green Papers were presented, one on the conflict of laws in matters concerning 
matrimonial  property  regimes  including  the  question  of  jurisdiction  and  mutual 
recognition on 17th July 2006 and the other on the effective enforcement of judicial 
decisions on 24th October 2006. 

The Regulation establishing a European Payment order procedure was adopted by 
the  Council  and  the  European  Parliament  on  12th  December  2006.  However,  the 
adoption  of  the  Directive  on  certain  aspects  of  mediation  in  civil  and  commercial 
matters  has  been  delayed  due  to  ongoing  discussions  within  the  European 
Parliament. 

With regards to enhanced cooperation, the report on the functioning of the European 
Judicial Network (EJN) in civil and commercial matters (2005) was adopted on 
16th May 2006. Moreover, based on this report, an amended proposal is planned for 
the 4th quarter 2007. Progress was also made in the EJN's work in civil matters and 
the databases on case-law relating to European instruments. 

With respect to international legal order, the Hague Programme calls for coherence 
between  the  EU  and  the  international  legal  order  and  continuous  engagement  in 
closer relations and cooperation with international organisations. 

The  Council  adopted  a  Decision  on  the  5th  October  2006  on  the  accession  of  the 
Community  to  the  Hague  Conference  on  Private  Law.  Accession  took  place  on  3rd 
April 2007. 

Ratification  of  the  1996  Hague  Convention  on  Jurisdiction,  Applicable  Law, 
Recognition, Enforcement and Cooperation in respect of Parental Responsibility and 
Measures for the Protection of Children is currently blocked because of the Gibraltar 
issue between the UK and Spain. Negotiations are ongoing. 

2. 

MONITORING NATIONAL TRANSPOSITION 

2.1.  Methodology 

92. 

93. 

94. 

This  exercise  concerns  first  of  all  the  legislative  instruments  that  require 
transposition by the Member States – Directives and Framework Decisions. For the 
purposes of this report, the cut-off date is 31 March 2007.  

The table at Annex 2 covers all the instruments with a transposition deadline that had 
expired at the cut-off date.  

The  methodology  adopted  for  the  purposes  of  this  Report  is  the  same  as  that 
explained in the Report on the implementation of the Hague Programme for 200517. 

17 

COM (2006) 333 final. 

EN 

13 

   EN 

 
                                                 
2.2.  Monitoring policy by policy 

2.2.1.  General guidelines 

95. 

As regards fundamental rights, only the implementation of the Directive 95/46/EC 
on  personal  data  protection  is  relevant  under  the  current  legal  framework.  The 
Directive has met its objective of ensuring a high level of protection of the citizen's 
right to privacy and removing the barriers to the free movement of personal data in 
the  Union.  According  to  the  Communication  on  the  follow-up  of  the  Work 
Programme for a better implementation of the Data Protection Directive, adopted on 
7  March  200718,  all  Member  States  have  notified  national  transposition  measures. 
However, some Member States implementation is  poor.  Some Member States have 
failed  to  incorporate  a  number  of  important  provisions  of  the  Directive.  In  other 
cases, transposition or practice has not been conducted in line with the Directive or 
has fallen outside the margin of manoeuvre left to Member States. A number of non-
compliance  or  incorrect  application  infringement  proceedings  are  open,  among 
which one Member State having reached the stage of a reasoned opinion. 

96. 

10  Member  States  have  still  not  yet  fulfilled  their  communication  obligation 
regarding  the  Framework  Decision  on  constituent  elements  of  criminal  acts  and 
penalties in the field of illicit drug trafficking. 

2.2.2.  Union citizenship 

97. 

From 30 April 2006, the key Directive 2004/38/EC that consolidates and updates the 
free  movement  rights  of  the  EU  citizens  and  their  family  members  repealed  and 
replaced a number of legal instruments concerning free movement of EU citizens and 
third country nationals. This legal instrument marks an important step forward in 
the rights of free movement for the EU citizens and their family members. After an 
initial  delay  in  transposition  (at  least  thirteen  Member  States  were  sent  a  reasoned 
opinion for non-communication on 15 December 2006), efforts in transposition have 
been stepped up, now four Member States have not yet fulfilled their communication 
obligation,  and  a  number  of  Member  States  whose  communications  are  being 
examined by the Commission. 

98. 

Concerning previous Community legislation on free movement rights of persons, by 
now expired, a number of infringement proceedings for non-compliance or incorrect 
application is still pending for some five Member States, ranging up to an advanced 
stage of letter of formal notice under Article 228 EC Treaty. 

2.2.3.  Asylum, migration, borders 

99. 

In the field of asylum, the 2006 report has again shown very satisfactory results on 
the activities of EURODAC. However, the notification of transposition measures for 
instruments such as the Directive laying down minimum standards for the reception 
of asylum seekers is disappointing. Shortcomings continue to persist in the case of 
five Member States, and the progress made during the last year is rather limited. A 
number of non-communication infringements are at the stage of litigation. As for the 

18 

COM(2007) 87 final. 

EN 

14 

   EN 

 
                                                 
100. 

101. 

more  recent  Directive  on  minimum  standards  for  the  qualification  and  status  of 
refugees or persons  who  need  international protection, sixteen Member States have 
not  yet  fulfilled 
infringement 
their  communication  obligation,  resulting 
proceedings. 

in 

Concerning legal migration, respectively eight and eleven Member States have not 
yet  completed  the  notification  of  measures  transposing  Directives  on  family 
reunification  and  the  status  of  long-term  resident  third-country  nationals,  which  is 
over one year after the transposition deadline. For recent Directives on the conditions 
of admission of third-country nationals for studies and similar activities as well as on 
third-country nationals who are victims of trafficking in human beings or who have 
been  the  subject  of  an  action  to  facilitate  illegal  immigration,  implementation  was 
due  during  the  time  period  examined  under  the  current  exercise.  However 
respectively  seventeen  and  eleven  Member  States  lag  behind  the  transposition 
deadline.  

As for illegal immigration, progress has been achieved in transposing the three least 
recent  instruments,  with  one  Member  State,  however,  appearing  to  have  particular 
difficulties.  Concerning  more  recent  instruments,  the  transposition  progress  is 
disappointing:  seven  Member  States  have  not  yet  fulfilled  their  transposition 
obligation concerning the Directive on assistance in cases on transit for the purposes 
of  removal  by  air,  a  number  of  which  were  referred  to  the  Court.  As  regards  the 
Directive on the obligation of carriers to communicate passenger data, nine Member 
States lag behind the transposition deadline. 

2.2.4. 

Security 

102. 

103. 

The implementation of the instruments for the fight against organised crime and for 
police  and  customs  cooperation,  and  in  particular  the  conventions  and  protocols 
adopted on the basis of Title VI of the EU Treaty are difficult to evaluate because of 
the nature of the instruments concerned, which make no provision either for a formal 
duty  for  the  Member  States  to  notify  or  for  reports  monitoring  national 
implementation. Their speedy ratification remains the first priority. 

Thus, compliance and/or application at national level of legal instruments concerning 
terrorism  and  prevention  of  an  fight  against  organised  crime  is  very  difficult  to 
assess, as often there are neither any reports provided for by these instruments, nor 
any obligation for the Member States to communicate appropriate national measures. 
Concerning Framework Decision on cooperation between financial intelligence units, 
five  Member  States  have  still  not  communicated  national  transposition  measures, 
which is nearly seven years after the transposition deadline. 

104. 

Concerning  police  and  customs  cooperation,  progress  has  been  achieved  in 
ratifying Naples II Convention. Further efforts are required by a number of Member 
States in the level of transposition of the Common Position on exchanging data with 
Interpol. 

EN 

15 

   EN 

 
2.2.5. 

Justice 

2.2.5.1.  Criminal justice 

105. 

106. 

107. 

108. 

109. 

110. 

In  the  mutual  recognition  field,  all  Member  States  have  communicated  national 
transposition  measures  concerning  the  European  Arrest  Warrant.  However,  at  least 
four Member States are still invited to make efforts in order to comply fully with this 
Framework Decision. In mid-2007 the Council is to publish a report on its practical 
implementation summarizing the key findings in some ten Member States evaluated 
by that time. 

The implementation of Framework Decision on execution of orders freezing property 
or  evidence  is  disappointing.  More  than  eighteen  months  after  the  implementation 
deadline,  thirteen  Member  States  have  not  yet  fulfilled,  or  only  partially  fulfilled, 
their communication obligation. 

No  information  has  been  available  so  far  on  the  Framework  Decision  on  financial 
penalties. 

related 

Concerning  harmonisation  instruments  in  the  field  of  judicial  cooperation  in 
criminal matters, a limited number of Commission reports were released during the 
period  examined  by  this  Communication  Thus,  reports  adopted  concerning 
instruments 
laundering, 
instrumentalities and proceeds from crime, as well as those related to trafficking in 
human  beings,  unauthorised  entry,  transit  and  residence,  generally  report  overall 
unsatisfactory  transposition  in  the  Member  States  assessed.  Also,  the  number  of 
Member States that have not yet fulfilled their communication obligation varies, but 
remains high. 

to  non-cash  means  of  payment,  money 

As  for  the  Framework  Decision  on  combating  terrorism,  all  EU-25  Member  States 
have communicated their transposition measures, although the level of transposition 
is  not  always  complete.  More  information  will  be  provided  in  the  second  report 
covering all EU Member States, expected in mid-2007. 

Progress  has  been  achieved  by  four  EU-10  Member  States  in  ratifying  the 
Convention  on  the  protection  of  the  European  Communities'  financial  interests  and 
its protocols. 

2.2.5.2.  Civil justice 

111. 

112. 

The  transposition  of  two  Directives  relating  to  legal  aid  and  relating  to 
compensation  to  crime  victims  can  be  considered  satisfactory,  although 
shortcomings remain with respectively one and four Member States not having had 
fully complied with their communication obligation. 

The  application  of  two  Regulations  –  one  on  cooperation  between  courts  in  the 
taking of evidence in civil or commercial matters and another one on jurisdiction and 
the  recognition  and  enforcement  of  judgements  in  civil  and  commercial  matters  – 
will be evaluated in the course of 2007. For "Brussels II bis Regulation" (concerning 
jurisdiction  and  the  recognition  and  enforcement  of  judgements  in  matrimonial 

EN 

16 

   EN 

 
matters  and  the  matters  of  parental  responsibility),  all  Member  States  have 
communicated information relating to courts and redress procedures. 

2.3.  Monitoring by Member State 

113. 

The  following  overall  data,  all  instruments  combined,  can  be  derived  from  the  two 
indicators  appearing  in  the  table  at  Annex  2.  The  first  two  tables  reflect  Member 
States'  failures  to  notify  transposition  measures  and  cases  of  incorrect  transposition 
or  application  respectively.  The  third  table  gives  aggregate  figures  for  the  two 
categories. 

Lack of communication of national measures to the Commission

40%

35%

30%

25%

20%

15%

10%

5%

0%

a
i
r
t
s
u
A

14%

12%

10%

8%

6%

4%

2%

0%

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i
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t
s
u
A

i

m
u
g
e
B

l

i

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B

l

s
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s
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i

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Non-compliance / invalid application

i

a
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u
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d
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l

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d
n
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EN 

17 

   EN 

 
 
 
 
 
 
 
Aggregate implementation deficit by Member State

20%

18%

16%

14%

12%

10%

8%

6%

4%

2%

0%

a
i
r
t
s
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A

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U

3. 

CONCLUSIONS 

114. 

115. 

116. 

117. 

118. 

This  second  monitoring  exercise  of  The  Hague  programme  shows  wide  variation 
between  the  progress  at  EU  level  adoption  and  national  implementation.  Whilst 
institutional adoption has been generally positive in matters under Title IV of the EC 
Treaty, national implementation leaves a lot of room for improvement. 

Even though significant progress was made at EU level, overall implementation of 
the  Programme  was  lower  than  in  2005.  This  is  mainly  due  to  insufficient 
progress in areas mainly related to the Third Pillar, such as prevention of and fight 
against  organised  crime,  police  and  customs  cooperation,  management  of  crisis 
within the EU and judicial cooperation in criminal matters. 

Yet, important progress was made. Compared to 2005, this year saw a higher level 
of  achievement  in  the  areas  –  mainly  in  the  First  Pillar  -  related  to  respect  and 
protection  of  fundamental  rights,  drugs  policy,  migration  and  asylum,  visa  and 
border policies, civil judicial cooperation in civil matters. 

Regarding  legal  instruments  under  Title  IV  of  the  EC  Treaty,  and  in  terms  of 
communication  of  national  transposition  measures,  relative  progress  has  been 
achieved by some EU-15 Member States in comparison to the situation as examined 
at last year's report. Generally, EU-10 Member States have also achieved progress in 
complying  with  their  communication  obligation.  On  the  other  hand,  the  situation 
remains disappointing in terms of the number of Member States that fail to comply 
with the transposition deadline, as well as delays in transposition, which often exceed 
one year and at times reach several years.  

As for legal instruments under Title VI of the EU Treaty, efforts both for timely 
as well as complete implementation should be stepped up. Even though progress has 
been  achieved  by  Member  States  for  some  of  the  legal  instruments  during  the  last 
year,  lengthy  delays  in  communicating  transposition  measures  have  been  noted  for 
Framework  Decisions.  Such  delays  sometimes  amount  up  to  several  years.  Such 
delays as in absence of transposition of EU instruments at national level, leads to a 
"virtual"  legislative  framework  in  police  and  judicial  cooperation  in  criminal 

EN 

18 

   EN 

 
 
 
 
119. 

120. 

121. 

matters.  Furthermore,  the  transposition  by  the  Member  States  examined  is  often 
incomplete or incorrect. 

Although there are different reasons for the drop in progress during 2006, the slow 
progress in matters involving Title VI of the Treaty of the European Union confirms 
the concerns expressed by the Commission in its 2005 Annual Report.  

This negative trend brings further value to the assessment made by the Commission 
in its Communication of 28th June 2006 "Implementing The Hague Programme: the 
way forward" concerning the need to improve decision making in the areas covered 
by the Title VI of the EU Treaty. 

As  highlighted  by  the  European  Council  of  December  2006,  the  decision  making 
mechanisms  which  apply  in  the  justice  and  home  affairs  area  do  not  always 
contribute  to  effective  and  efficient  decision  making  progress.  The  Commission 
confirms  its  assessment  that,  with  a  view  to  making  further  progress  in  the 
establishment of an Area of Freedom, Security, and Justice in the areas covered by 
Title  VI  of  the  EU  Treaty,  more  effective,  transparent  and  accountable  decision 
making procedures are still needed. 

EN 

19 

   EN