Communication from the Commission to the Council and the European Parliament - Report on implementation of the Hague programme for 2007 {SEC(2008) 2048} {SEC(2008) 2049}
Date: 2008-07-02
Institutions: European Commission
Subjects: EU migration policy, EU police cooperation, EU programme, European citizenship, activity report, drug traffic, fight against crime, judicial cooperation in criminal matters in the EU, protection of freedoms, public safety

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.7.2008 
COM(2008) 373 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Report on Implementation of the Hague Programme for 2007 

{SEC(2008) 2048} 
{SEC(2008) 2049} 

 (presented by the Commission) 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Report on Implementation of the Hague Programme for 2007 

1. 

2. 

3. 

1. 

4. 

5. 

6. 

1 

2 
3 

4 

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

The purpose of this exercise is to monitor adoption of the measures envisaged in 
the  Hague  Programme  both  at  institutional  level  (Part  I  and  Annex  1)  and  their 
implementation  at  national  level  (Part  II  and  Annex  2).  This  includes  the  drugs 
action plan, the strategy covering the external aspects of the area of freedom, security 
and  justice,  and  the  action  plan  to  fight  against  terrorism,  which  supplement  the 
Hague Action Plan, in accordance with the set timetable. 

All  the  measures  proposed  for  2007,  and  those  still  not  achieved  since  2005,  are 
therefore  explored.  The  Communication  also  makes  reference,  where  relevant,  to 
some supplementary actions which, although they were not scheduled in the Action 
Plan, have nonetheless complemented the work done in the respective policy areas of 
the Hague Programme. 

MONITORING  THE  ADOPTION  OF  MEASURES  SCHEDULED  FOR  2007  UNDER  THE 
HAGUE PROGRAMME 

The general overall assessment is rather unsatisfactory3. A significant number of 
actions  envisaged  in  the  Action  Plan  (see,  in  particular,  measures  under  sections 
1.3.3.  and  1.4.2.)  had  to  be  abandoned  or  delayed,  either  because  they  were 
superseded  by  events  or  because  priorities  shifted  to  other  areas.  Moreover,  the 
timing  of  some  actions  had  to  be  reconsidered,  taking  into  account  possible 
developments in the institutional context. 

The 2007 report reveals a lower rate of achievement (38% of measures achieved) 
compared to 2006 (53% achieved), with a substantial increase in actions that had to 
be delayed: 41% compared to 27% in 2006. 

Table  1  presents  the  state  of  play  for  institutional  measures  planned  for  2007  (or 
actions not achieved in previous years) or ongoing actions4 in the Hague Action Plan. 

The Hague Programme: strengthening freedom, security and justice in the European Union (OJ C 53, 
3.3.2005, p. 1), and the 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  the  level  of  achievement  refers  both  to  presentation  of  Commission  proposals  and 
initiatives and their adoption by the Council and the European Parliament. 
Akin to previous reports, ongoing actions have not been included in the graphs. Nevertheless, details of 
these actions can be found both in the annexes and the main text of the Communication. 

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7. 

8. 

A  satisfactory  level  of  achievement  occurred  mainly  in  the  following  areas: 
Migration and Border Policy, Terrorism, Confidence Building and Mutual Trust and 
Judicial Cooperation in Civil Matters. 

An  insufficient  level  of  achievement  was  evident  in  the  following  areas:  Visa 
Policy,  Sharing  of  Information  among  Law  Enforcement  and  Judicial  Authorities, 
Prevention of and the Fight against Organised Crime, Management of Crises within 
the  European  Union,  Police  and  Customs  Cooperation  and  Judicial  Cooperation  in 
Criminal Matters. 

General State of Play

13%

38%

41%

8%

Achieved Postponed to 2008 Delayed Not Relevant Anymore

State of play by policy

100%

80%

60%

40%

20%

0%

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1.1. 

General Orientations 

1.1.1.  European Court of Justice 

9. 

On 1 March 2008, the European Court of Justice adopted a new procedure to enable 
it to deal more quickly with very urgent questions referred for a preliminary ruling. 
This innovation, whose need emerged during the Hague Programme discussions, will 
reduce  the  time  taken  to  hear  cases  involving  the  interpretation  of  Title  IV  of  Part 
Three of the EC Treaty of Title IV of the Union Treaty. 

1.1.2.  European Strategy on Drugs 

10. 

11. 

12. 

Actions  for  2007  outlined  in  the  2005-2008  EU  Action  plan  on  Drugs  have  been 
partially achieved. 

A  Communication  on  the  2007  Progress  Review  of  the  Implementation  of  the  EU 
Action  Plan  on  Drugs  (2005-2008)  was  adopted  on  10  December.  The  final 
evaluation and a proposal for a new Action Plan will be submitted in 2008. 

Some  delays  have  been  experienced 
the 
implementation  and  functioning  of  the  Framework  Decision  on  drugs  trafficking 
scheduled for 2007. The Commission will submit it by May 2009 because it has been 
decided that it is in the interest of a proper evaluation to keep to the timetable set out 
in Article 9(2) of the Framework Decision. 

in  publication  of 

the  report  on 

1.2. 

Strengthening Freedom 

1.2.1.  Citizenship of the Union 

13. 

Some  progress  has  been  made  in  this  area.  The  Commission  presented  a 
Communication  on  effective  consular  protection  in  third  countries  on  5  December 
20075,  which  followed  its  2006  Green  Paper.  However,  a  European  citizens’ 
initiative, envisaged for 2007, could not be presented because the current treaties do 
not provide the legal basis for establishing the provisions and conditions required for 
such an initiative. 

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

in all their aspects 

14. 

Developments  in  this  area  have  been  satisfactory.  The  proposal  establishing  the 
European  Migration  Network  (EMN)  was  put  forward  by  the  Commission  on  10 
August  2007  and,  consequently,  the  Justice  and  Home  Affairs  Council  agreed  to  a 
general  approach  on  a  draft  Decision  establishing  the  EMN  on  6  December  2007. 
Formal adoption by the Council should take place during the first half of 2008. 

5 

Effective consular protection in third countries: the contribution of the European Union. Action Plan 
2007-2009, COM(2007) 767 final. 

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1.2.3.  Common European Asylum System 

15. 

16. 

17. 

Some  progress  towards  further  development  of  the  Common  European  Asylum 
System (CEAS) can be reported, but overall the results in this field are nonetheless 
mixed. 

An  evaluation  of  the  transposition  and  implementation  of  the  legal  instruments 
(including the ones on migration) of the first phase of the CEAS was carried out in 
2007. Notably, reports evaluating the Dublin System and the Directive on reception 
conditions  were  published  in  2007.  The  final  results  will  be  assessed  and  made 
available in 2008 as a part of the Policy Plan (see below, paragraph 17). 

In  2007  a  Green  Paper  on  the  second  phase  of  the  CEAS  was  published  and  the 
results  of  a  wide  consultation  are  being  turned  into  an  Asylum  Policy  Plan  to  be 
presented in 2008. Moreover, an amendment to the Long-Term Residents Directive6 
was  tabled  in  order  to  extend  its  scope  of  application  also  to  the  beneficiaries  of 
international protection. 

18. 

Studies  on  the  joint  processing  of  asylum  applications  initially  intended  for  2006 
have been delayed. 

1.2.4.  Legal Migration 

19. 

Apart  from  assessment  and  monitoring  of  the  transposition  and  implementation  of 
the  first-phase  directives  on  legal  migration  (see  paragraph  16  above),  several 
initiatives not included in the Action Plan were undertaken in 2007, in particular a 
Communication  on  circular  migration  and  mobility  partnerships  between  the 
European  Union  and  third  countries7  and  two  major  legislative  proposals  tabled  on 
23  October8.  Informal  contacts  have  already  taken  place  with  Moldova  and  Cape 
Verde towards the possible establishment of Mobility Partnerships with each of these 
countries. 

1.2.5. 

Integration of Third-Country Nationals 

20. 

In  September  2007,  the  Commission  adopted  the  Third  Annual  Report  on 
Migration  and  Integration.  The  development  of  a  website  on  integration,  which 
was initially scheduled for 2006, has been delayed and will now be launched during 
the fourth quarter of 2008. 

1.2.6.  Fight Against Illegal Immigration 

21. 

6 
7 
8 

Progress  in  this  area  has  been  constant  and  consistent  with  the  idea  that,  unless 
effective  measures  are  taken  to  combat  illegal  immigration,  the  credibility  of 
Europe’s  migration  policy  will  be  irreparably  undermined.  To  this  end,  the  most 

COM(2007) 298 final. 
COM(2007) 248 final. 
Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for 
the  purposes  of  highly  qualified  employment  (COM(2007)  637  final),  and  proposal  for  a  Council 
Directive on a single application procedure for a single permit for third-country nationals to reside and 
work in the territory of a Member State and on a common set of rights for third-country workers legally 
residing in a Member State (COM(2007) 638 final, Brussels, 23.10.2007). 

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significant  initiative  has  been  a  proposal  for  a  Directive  providing  for  sanctions 
against  employers  of  illegally  staying  third-country  nationals9.  Although  actions 
against  illegal  employment  were  not  included  in  the  Action  Plan  for  2007,  the 
Commission decided to put forward this proposal, as it considers illegal employment 
to be the major driving force behind illegal immigration. The aim of the proposal is 
to ensure that all Member States introduce similar preventive measures and penalties, 
and enforce them effectively. In fact, it is vital that all EU Member States take all the 
necessary measures to ensure respect for the rule of law and legality across the EU. 

22. 

23. 

Further activities were launched during 2007, namely further work on the possibility 
of greater FRONTEX involvement in the development of liaison officer networks, 
and  the  publication  of  the  second  annual  report  on  the  common  policy  on  illegal 
migration. 

The  negotiations  and  conclusion  of  six  readmission  agreements  with  Ukraine, 
Moldova,  Serbia,  the  Former  Yugoslav  Republic  of  Macedonia  (FYROM),  Bosnia 
and Herzegovina, and Montenegro were accomplished by the end of 2007. All those 
agreements entered into force on 1 January 2008. 

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

24. 

25. 

26. 

27. 

Good progress was made in this area. 

Evaluations  of  the  Schengen  Information  System  were  carried  out  in  September 
2007 in full compliance with the relevant Schengen evaluation procedures. Likewise, 
the Council Decision on the lifting of controls at land and sea borders with and 
between  the  new  Member  States  was  adopted  on  6  December  2007.  The 
dismantling of air borders was completed on 31 March 2008. Nine Member States 
(CZ, EE, HU, LT, LV, MT, PL, SI, SK) joined the Schengen area in December 2007. 

A  Commission  proposal  establishing  a  mechanism  for  creating  Rapid  Border 
Intervention Teams was adopted by the European Parliament and the Council on 11 
July  2007.  Moreover,  an  evaluation  report  on  the  External  Border  Agency  was 
submitted on 13 February 2008 as part of the Commission’s border package, which 
also includes two Communications, one on possible new tools for developing border 
management and a second one on a European border surveillance system. 

adoption 

Formal 
amending  Regulation 
the  Council  Regulation 
(EC) No 1030/2002  laying  down  a  uniform  format  for  residence  permits  for 
third-county nationals took place on 17 April 2008. 

of 

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

28. 

29. 

Results in this field are mixed. 

The  visa  facilitation  agreement  with  Russia  entered  into  force  on  1  June  2007. 
the  visa  facilitation  agreements  with  Ukraine,  FYROM,  Serbia, 
Moreover, 
Montenegro,  Bosnia  and  Herzegovina,  Albania  and  Moldova  were  negotiated  and 
signed in 2007 and entered into force on 1 January 2008. 

9 

COM(2007) 249 final. 

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30. 

31. 

32. 

The Commission has continued 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. Despite progress in relation to some third countries 
(Australia, Canada), there still remain other third countries in connection with which 
reciprocal  visa-free  travel  for  citizens  of  all  Member  States  has  not  yet  been 
achieved. 

Following  the  political  agreement  on  the  VIS  legal  package  in  June  2007,  a  new 
project  schedule  has  been  drawn  up  under  which  the  central  VIS  is  planned  to  be 
“available for operation” at the end of May 2009. 

The Hague Programme provides for the establishment of common visa offices in the 
long  term,  taking  into  account  discussions  on  the  establishment  of  a  European 
External  Action  Service.  As  a  first  step,  it  invited  the  Commission  to  submit  a 
proposal on the establishment of common application centres. An amendment to the 
Common  Consular  Instructions  envisaging  such  a  possibility  was  submitted  by  the 
Commission  in  2006  and  is  currently  under  discussion  in  the  Council  and  in  the 
European  Parliament.  However,  the  Commission  has  been  actively  involved  in 
establishing  the  first  two  such  centres  hosted  at  Member  States’  consulates  in 
Moldova and Montenegro. 

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 

33. 

34. 

35. 

36. 

Strengthening  freedom,  security  and  justice  requires  an  innovative  approach  to  the 
cross-border  exchange  of  law-enforcement  information.  Some  progress  has  been 
accomplished in this area. 

A  political  agreement  was  reached  in  June  2007  on  the  German  initiative  for  a 
Decision  to  transpose  most  of  the  non-Schengen-related  Third-Pillar  part  of  the 
Prüm  Treaty  into  the  institutional  mechanism  of  the  European  Union,  including 
fingerprints, DNA and vehicle registration data. Once the text is adopted, this can be 
considered  as  partial  implementation  of  the  principle  of  availability.  Further 
implementing legislation was also presented in October 2007 (refer to Annex 1). 

After  extensive  consultations  with  Member  States,  national  and  international 
associations,  the  proposal  concerning  a  common  EU  approach  on  the  use  of 
passenger data to fight terrorism and organised crime (EU PNR) was adopted by the 
Commission  on  6  November  2007,  as  part  of  a  comprehensive  Counter-Terrorism 
Package (see below, paragraph 41). 

Moreover,  the  development  of  links  between  SIS  II  and  the  Europol  information 
system, which was launched in 2006, is ongoing. It should be noted that Europol is 
already connected to SISone4all. 

1.3.2.  Terrorism 

37. 

A  considerable  effort  has  been  made  in  this  field.  It  is  worth  noting  that 
implementation of the EU Action Plan on Combating Terrorism has continued in all 
four areas (prevention, protection, prosecution and response). 

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38. 

39. 

40. 

41. 

On  the  basis  of  information  collected  in  a  study  report  on  a  Cross-Border  Crisis 
Network for Member States concluded in January 2008, the Commission decided not 
to pursue the creation of a European Law Enforcement Network (LEN). 

Throughout  2007,  the  Council  discussed  the  report  on  the  peer  evaluation 
mechanism  presented  by  the  Council  General  Secretariat.  In  the  light  of  the 
recommendations  of  the  peer  evaluation  of  national  anti-terrorism  arrangements, 
various  actions  were  identified  for  strengthening  national  capabilities  to  combat 
terrorism. 

The Commission’s work on thwarting the production and spread of chemical, nuclear 
and  biological  arms  is  ongoing.  The  Commission  is  preparing  a  comprehensive 
policy  package  on  CBRN  for  June  2009,  encompassing  the  expertise  of  all  the 
respective  Commission  services.  It  will  consist  of  a  communication  on  CBRN,  an 
Action Plan on bio-preparedness, an Action Plan on radiological and nuclear threats, 
a Commission staff working paper covering security and health, as well as a Green 
Paper on containment of chemical threats. 

Finally, it needs to be mentioned that additional initiatives designed to complement 
those outlined in the Hague Action Plan have been taken on board, namely through 
the adoption on 6 November 2007 of a comprehensive Counter-Terrorism Package, 
including the proposal concerning an EU PNR (see above, paragraph 35), an Action 
Plan  on  explosives,  and  a  proposal  revising  the  Framework  Decision  on  the  Fight 
against  Terrorism  (on  the  basis  of  the  evaluation  report  concerning  the  Framework 
Decision). The latter initiative — on which the Council agreed a common approach 
already  in  April  2008  —  is  intended  to  harmonise  national  provisions  on  public 
provocation  to  commit  a  terrorist  offence,  recruitment  and  training  of  terrorists,  so 
that  these  forms  of  behaviour  are  punishable  throughout  the  EU  also  when 
committed through the Internet, and to ensure that existing provisions on penalties, 
liability of legal persons, jurisdiction and prosecution applicable to terrorist offences 
apply also to such forms of behaviour. 

1.3.3.  Prevention of and the Fight against Organised Crime 

42. 

43. 

A  number  of  actions  have  been  completed  in  this  area  —  the  adoption  of  the 
annual Organised Crime Threat Analysis (OCTA) report by Europol (June 2007); the 
setting-up  of  a  Financial  Investigation  Steering  Group;  the  review  of  the 
implementation of legislation concerning trafficking in human beings; the report on 
implementation  of  the  Framework  Decision  on  Confiscation  of  Crime-Related 
Proceeds,  Instrumentalities  and  Properties;  and  the  report  on  the  work  programme 
concerning customs cooperation. 

However, globally, progress in this field has been largely unsatisfactory. The main 
reason  behind  this  lack  of  progress  is  that  after  examination  by  the  Commission, 
several actions (such as the issuance of a working paper on criminal-intelligence-led 
law enforcement, the development of recommendations for a standard methodology 
for vulnerability in crime-proofing, a recommendation and/or proposal for enhancing 
transparency  of  legal  entities  to  reduce  vulnerability  to  infiltration  by  organised 
crime) were deemed to be no longer feasible, or as measures to be better developed 
at Member State level. 

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44. 

Some  other  actions  had  to  be  delayed.  Amongst  these,  the  presentation  of  a 
comprehensive European Crime Report, the setting of common standards in financial 
investigation skills (envisaged for 2009), and the adoption of a Framework Decision 
on participation in a criminal organisation, which was agreed at political level at the 
June  2006  JHA  Council  but  has  not  yet  been  formally  adopted  due  to  one 
parliamentary reservation in a Member State. 

1.3.4.  Police and Customs Cooperation 

45. 

46. 

47. 

48. 

49. 

Insufficient  progress  has  been  made  in  this  area.  After  careful  consideration,  the 
Commission  concluded 
longer  feasible  (the 
that  some  actions  were  no 
Communication  on  the  fight  against  illicit  cross-border  trafficking  in  restricted  or 
prohibited goods), or superseded by other actions (this is the case of the proposal for 
a Directive on improved transport safety and increased security through the creation 
of  an  area  of  police  and  judicial  cooperation  on  the  trans-European  transport 
networks,  superseded  by  the  initiative  mentioned  in  paragraph  58  below).  Other 
measures have been delayed. 

In 2007 the Council presented its report on the implementation and evaluation of the 
work programme concerning customs cooperation for the period 2004-2006. 

Commission-led  discussions  on  the  development  of  a  common  methodology  and 
setting up short-duration joint customs and police operations and/or multidisciplinary 
joint teams are still ongoing. 

The German proposal for a network of European anti-corruption authorities was 
politically agreed at Council level in June 2007. The setting-up of this network had to 
be postponed as adoption in Council is expected in 2008, following consideration of 
the opinion of the European Parliament. 

Work  is  progressing  on  implementing  the  2004  Council  Conclusions  related  to  the 
fight  against  organised  crime  in  the  Western  Balkans.  The  new  SECI  Convention 
(Southeast  European  Cooperative  Initiative),  which  will  enable  SECI  to  cooperate 
more  closely  with  Europol,  is  being  finalised  for  adoption  under  the  Slovenian 
Presidency. 

1.3.5.  Management of Crises within the European Union 

50. 

The  Commission  wants  to  coordinate  efforts  in  Member  States  and  ensure  that 
efficient alert and information systems are in place to protect the main elements of 
critical  infrastructure.  A  Commission  legislative  proposal  creating  a  critical 
infrastructure  warning  information  network  (CIWIN),  originally  envisaged  for 
2005,  has  been  delayed  and  might  be  presented  by  end  2008.  A  prototype  system 
was delivered in January 2008 and presented to Member States. 

1.3.6.  General Crime Prevention 

51. 

There have been ongoing developments in this area. Several expert groups have 
met over the past two years to discuss the establishment of European instruments for 
collecting,  analysing  and  comparing  information  on  crime  and  victimisation,  also 
taking  into  account  the  respective  trends  in  Member  States.  The  groups  study  the 
feasibility of using different tools in this respect. Specific actions have been carried 

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out,  in  particular  to  prevent  violence  in  sport  (hooliganism):  the  Commission 
organised a high-level conference on the matter on 28 and 29 November and actively 
participated in the various expert groups on security and safety at sport events. 

1.4. 

Strengthening Justice 

1.4.1.  Confidence Building and Mutual Trust 

52. 

53. 

54. 

Progress  in  this  area  has  been  satisfactory.  Judicial  cooperation  both  in  civil  and 
criminal  matters  could  be  further  enhanced  by  strengthening  mutual  trust  and  by 
progressively  developing  a  European  judicial  culture  based  on  the  diversity  of 
Member States’ legal systems and unity through European Law. 

The  European  Judicial  Training  Network  (EJTN)  was  formally  established  in 
accordance  with  Belgian  law  in  2006.  Various  EU  workshops  to  promote 
cooperation  between  members  of  the  legal  professions  with  a  view  to  establishing 
best  practices  are  provided  on  a  regular  basis  by  the  European  Training  Institute 
(ETI) and the EJTN. 

A  Commission  Communication  on  the  creation  of  a  Forum  for  discussing  EU 
justice  policies  and  practice  was  adopted  on  4  February  2008.  This  Forum  will 
bring together practitioners, academics and representatives of justice administrations 
to provide the Commission with feedback and input for the evaluation mechanism. 

1.4.2. 

Judicial Cooperation in Criminal Matters 

55. 

56. 

57. 

58. 

59. 

The rate of achievement in this policy field has been rather low. 

The timing for several actions (such as the proposal on driving disqualifications, the 
proposal on completing the European Evidence Warrant, and the Green Paper on the 
handling  of  evidence)  had  to  be  reconsidered  in  order  to  take  account  of  possible 
institutional developments in these areas. 

In  other  cases,  actions  have  been  superseded  by  other  measures  which  were 
considered  to  be  more  suitable  (such  as  the  Green  Paper  and  the  proposal  on  in 
absentia  judgments,  following  the  presentation  of  a  legislative  initiative  by  the 
Slovenian  Presidency).  In  other  cases,  it  was  considered  not  advisable  to  proceed 
with legislation at EU level given insufficient proof of EU added value (for example, 
following the results of the Impact Assessment of the proposal on the protection of 
witnesses and collaborators of justice). 

On  19  March  2008  the  Commission  adopted  a  proposal  for  a  Directive  aimed  at 
facilitating  the  cross-border  enforcement  of  traffic  offences  through  technical 
measures  which  will  enable  EU  drivers  to  be  identified  and  thus  sanctioned  for 
offences  committed  in  a  Member  State  other  than  the  one  where  the  vehicle  is 
registered. 

The Commission adopted on 11 July 2007 the second report on the implementation 
of the Framework Decision on the European Arrest Warrant and the surrender 
procedures between Member States. 

EN 

10 

   EN 

 
60. 

61. 

62. 

The report on the implementation of the 2003 Framework Decision on the execution 
in the European Union of orders freezing property or evidence had to be postponed 
to 2008 due to non-transmission of information by several Member States. 

The Commission proposal on the conclusion and on the signature of the Council of 
Europe Convention against money laundering and terrorist financing (Warsaw 
Convention)  on  behalf  of  the  EC  is  not  making  progress  in  the  Council  due  to 
disagreements between Member States, and thus its adoption had to be delayed. 

Regarding  the  Commission  proposal  on  conclusion  of  the  United  Nations  Protocol 
against  the  Illicit  Manufacturing  of  and  Trafficking  in  Firearms,  Their  Parts  and 
Components  and  Ammunition,  delays  are  caused  by  the  need  to  await  the 
implementation  of  relevant  legislation  by  Member  States,  notably  Directive 
91/477/EC and the draft Regulation on an export/import licensing system. Therefore, 
ratification of the UN Firearms Protocol will be possible once the provisions of the 
Directive  are  transposed  into  national  legislation  (by  2010)  and  the  Regulation  is 
adopted and in force (in principle not before the end of 2009). 

1.4.3. 

Judicial Cooperation in Civil Matters 

63. 

64. 

65. 

66. 

67. 

There has been substantial progress in this field. 

The  Regulation  on  the  law  applicable  to  non-contractual  obligations  (“Rome 
II”) was adopted by the European Parliament and the Council on 11 July 2007. 

Similarly,  on  7  February  2007  the  Commission  adopted  the  Green  Paper  on  the 
acquis  review  concerning  the  common  frame  of  reference  in  the  field  of  European 
consumer  contract  law.  The  adoption  of  the  second  Green  Paper  on  the  effective 
enforcement  of  judgments  in  the  European  Union,  concerning  the  transparency  of 
debtors’ assets, took place on 6 March 2008. 

The  Directive  on  certain  aspects  of  mediation  in  civil  and  commercial  matters 
should  be  formally  adopted  by  June  2008  following  a  second-reading  agreement 
between the co-legislators (the European Parliament endorsed the Council Common 
Position on 23 April 2008). 

In November 2007, a final agreement was reached regarding the negotiations on the 
Convention on Maintenance Obligations at the XXI Plenary (Diplomatic) Session of 
the Hague Conference on Private International Law. The new Lugano Convention 
on Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial 
Matters  concluded  by  the  Community  and  Norway,  Iceland  and  Switzerland  was 
signed on 30 October 2007. The Commission has already proposed its ratification by 
the Community. 

2. 

MONITORING NATIONAL TRANSPOSITION 

2.1.  Methodology 

68. 

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 was 31 March 2008. 

EN 

11 

   EN 

 
69. 

70. 

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

The  methodology  adopted  for  the  purposes  of  this  Report  is  the  same  as  that 
explained in the Report on Implementation of the Hague Programme for 2005. 

2.2.  Monitoring Policy-by-Policy 

2.2.1.  General Guidelines 

71. 

As regards fundamental rights, Directive 95/46/EC on personal data protection has 
met  its  objectives.  However,  some  Member  States  are  still  failing  to  incorporate  a 
number  of  important  provisions  of  the  Directive,  while  in  others,  transposition  or 
practice  has  not  been  in  line  with  the  Directive.  A  number  of  non-compliance  or 
incorrect application infringement proceedings have been opened, with one Member 
State being referred to the Court. 

2.2.2.  Union Citizenship 

72. 

73. 

From 30 April 2006, the key Directive 2004/38/EC (which consolidates and updates 
the  free  movement  rights  of  EU  citizens  and  their  family  members)  repealed  and 
replaced a number of legal instruments concerning free movement of EU citizens and 
third-country  nationals.  After  an  initial  delay  in  transposition,  transposition  efforts 
have  been  stepped  up.  However,  a  number  of  Member  States  have  only  partially 
fulfilled  their  communication  obligation.  As  a  result,  a  number  of  infringements 
proceedings  are  still  open,  with  some  Member  States  having  reached  the  stage  of 
litigation10. 

Concerning  previous  Community  legislation  on  free  movement  rights  of  persons, 
which  Directive  2004/38/EC  consolidated,  infringement  proceedings  for  non-
compliance  or  incorrect  application  are  still  pending  for  three  Member  States.  All 
these  cases  are  at  the  advanced  litigation  stage,  ranging  up  to  that  of  a  reasoned 
opinion under Article 228 of the EC Treaty. 

2.2.3.  Asylum, Migration, Borders 

74. 

75. 

10 

In the field of asylum, the notification of transposition measures is generally rather 
slow.  The  Directive  laying  down  minimum  standards  for  the  reception  of  asylum 
seekers has been transposed satisfactorily in the majority of Member States by now. 
However, nine Member States have not yet fulfilled their communication obligation 
regarding  the  Directive  on  minimum  standards  for  the  qualification  and  status  of 
refugees  or  persons  who  need  international  protection.  Measures  fully  transposing 
the  more  recent  Directive  on  asylum  procedures  have  not  been  communicated  by 
thirteen Member States. 

As regards legal migration, efforts have been geared towards stepping up notifying 
measures  transposing  Directives  on  family  reunification  and  on  the  status  of  long-
term-resident third-country nationals. However, respectively one and three Member 

Although the “old” free movement instruments have expired, their provisions have been taken over and 
consolidated by Directive EC/2004/38. 

EN 

12 

   EN 

 
                                                 
States have not yet fulfilled their obligation, which is more than two years after the 
transposition deadline. The Court has ruled against most of these Member States for 
non-communication.  For  three  Directives,  two  on  the  conditions  of  admission  of 
third-country nationals for, on the one hand, studies and similar activities and, on the 
other, for scientific research, and another 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,  respectively  three,  ten  and  two  Member  States  still  lag  behind 
the transposition deadline. 

76. 

three 

least  recent 

instruments11.  Concerning  more  recent 

As for illegal immigration, progress has been achieved in completing transposition of 
the 
instruments, 
transposition  progress  is  mixed.  Three  Member  States  appear  to  have  particular 
difficulties in fully transposing the Directive on assistance in cases of transit for the 
purposes  of  removal  by  air,  and  the  Court  has  ruled  against  them  for  non-
communication.  As  regards  the  Directive  on  the  obligation  of  carriers  to 
communicate  passenger  data,  two  Member  States  still  lag  behind  the  transposition 
deadline. 

2.2.4. 

Security 

77. 

78. 

79. 

Implementation of the instruments for fighting against organised crime and for police 
and customs cooperation, in particular the conventions and protocols adopted on the 
basis of Title VI of the EU Treaty, is difficult to evaluate because of the nature of the 
instruments  concerned,  which  make  no  provision  either  for  a  formal  duty  for 
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 and the 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  the  Framework  Decision  on  cooperation  between  financial  intelligence 
units,  most  Member  States  can  be  largely  considered  to  be  legally  compliant  with 
most of the Decision’s key requirements. 

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

2.2.5. 

Justice 

2.2.5.1.  Criminal Justice 

80. 

11 

As in the area of ‘security’ (2.2.4 above), the assessment of national implementation 
in  this  policy  field  is  difficult,  given  the  nature  of  the  instruments  adopted  and  the 
more limited powers of the Commission and the Court of Justice. 

The Directive on mutual recognition of decisions on expulsion of third-country nationals, the Directive 
supplementing the Convention implementing the Schengen Agreement, and the Directive on facilitation 
of unauthorised entry, transit and residence. 

EN 

13 

   EN 

 
                                                 
81. 

82. 

83. 

84. 

85. 

86. 

In  the  mutual  recognition  field,  the  European  Arrest  Warrant  is  operational  in  all 
Member States, although a considerable number  of  them  need  to  make  an  effort  to 
fully comply with the Framework Decision. 

The  implementation  of  the  Framework  Decision  on  execution  of  orders  freezing 
property  or  evidence  remains  disappointing.  More  than  two  years  after  the 
implementation  deadline,  twelve  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. 

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 on instruments related to protection 
against  euro  counterfeiting,  corruption  in  the  private  sector,  instrumentalities  and 
proceeds  from  crime  generally  indicate  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. 

As  for  the  Framework  Decision  on  combating  terrorism,  all  Member  States  have 
communicated  their  transposition  measures.  Implementation  of  the  main  provisions 
can be considered satisfactory, although some deficiencies remain. 

Progress has been achieved by another four EU-12 Member States12 in ratifying the 
Convention on the Protection of the European Communities’ Financial Interests and 
its protocols. Regrettably, the second protocol is not yet in force because of lack of 
ratification by one Member State. 

2.2.5.2.  Civil Justice 

87. 

88. 

The  transposition  of  two  Directives  relating  to  legal  aid  and  to  compensation  for 
crime  victims  has  progressed,  but  with  one  Member  State  appearing  to  have 
particular difficulties. 

The general level of application of two Regulations — one on cooperation between 
courts  in  the  taking  of  evidence  in  civil  or  commercial  matters  and  the  other  on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and 
commercial matters — can be considered satisfactory. 

2.3.  Monitoring by Member State 

89. 

The  following  overall  data,  all  instruments  combined,  can  be  derived  from  the  two 
indicators  appearing  in  the  table  in  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. 

12 

This refers to those Member States which acceded to the EU in 2004 and in 2007. 

EN 

14 

   EN 

 
                                                 
E
N

1
5

E
N

0
%

2
%

4
%

6
%

8
%

1
0
%

1
2
%

1
4
%

0
%

5
%

1
0
%

1
5
%

2
0
%

2
5
%

3
0
%

3
5
%

4
0
%

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxemburg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
United Kingdom

N
o
n
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p

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/

i

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i
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i
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n

Austria

Belgium

Bulgaria

Cyprus

Czech Republic

Denmark

Estonia

Finland

France

Germany

Greece

Hungary

Ireland

Italy

Latvia

Lithuania

Luxemburg

Malta

Netherlands

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

United Kingdom

L
a
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Aggregate implementation deficit by Member State

25%

20%

15%

10%

5%

0%

a
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A

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d
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U

3. 

90. 

91. 

92. 

93. 

94. 

CONCLUSIONS 

The  third  annual  monitoring  report  concerning  the  Hague  Action  Plan  broadly 
confirms the trends of the previous reports. 

As  in  2005  and  2006,  insufficient  progress  has  been  made,  especially  in  areas 
mainly  related  to  the  “Third  Pillar”,  such  as  prevention  of  and  the  fight  against 
organised crime, police and customs cooperation and judicial cooperation in criminal 
matters. The only area under the Third Pillar in which good progress has been made 
is the fight against terrorism, which in fact continues to be one of the main political 
priorities in the Justice and Home Affairs area. 

In line with the 2005 and 2006 results, the achievement rate in “First Pillar” actions 
is  the  highest.  Significant  developments  were  made  in  those  areas  where  the 
political  priority  is  high,  such  as  migration,  border  management  and  civil  judicial 
cooperation. 

Concerning  legal  instruments  under  Title  IV  of  the  EC  Treaty,  and  in  terms  of 
communication  of  national  transposition  measures,  some  Member  States  (such  as 
Germany or Italy) have achieved considerable progress in comparison to the situation 
as examined in last year’s report. However, the situation remains disappointing for a 
number  of  Member  States  that  fail  to  comply  with  the  transposition  deadline,  with 
delays  in  transposition  often  exceeding  one  year  and  at  times  amounting  to  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  to  several  years,  and  in  the 
absence  of  transposition  of  EU  instruments  at  national  level,  led  to  a  “virtual” 
legislative  framework  in  police  and  judicial  cooperation  on  criminal  matters. 

EN 

16 

   EN 

 
 
 
 
95. 

96. 

97. 

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

Although there are different reasons for the overall drop in progress during 2007, the 
slow  progress  in  matters  involving  Title  VI  of  the  Treaty  on  the  European  Union 
confirms the concerns expressed by the Commission in its previous reports, and the 
need to improve decision-making in these areas.  

In  order  to  re-launch  and  give  new  impetus  to  EU  action,  particularly  in  those 
areas which have seen little progress in the past few years, the Commission intends 
to  present  a  Communication  on  the  future  of  justice,  freedom  and  security 
policies  during  2009.  This  Communication  will  constitute  the  basis  for  discussing 
and preparing the new multiannual programme in the JLS area for the period 2010-
2014 and will be the successor to the Tampere and the Hague Programmes.  

The Immigration Communication and the Policy Plan on Asylum adopted on 17 
June, will serve as a basis for launching the debate on future developments in those 
areas,  which  will  then  feed  into  the  2009  Communication  on  the  new  multiannual 
programme. 

EN 

17 

   EN