Commission staff working document - Annex to the Communication from the Commission to the Council and the European Parliament - General overview of instruments and deadlines provided for in the Hague Programme and Action Plan in the fields of justice, freedom and security for 2007 (Institutional Scoreboard) - Report on the implementation of The Hague programme for 2007 (Institutional Scoreboard – Table 1) {COM(2008) 373 final} {SEC(2008) 2048}
Date: 2008-07-02
Institutions: European Commission
Subjects: EU migration policy, EU police cooperation, EU programme, European citizenship, drug traffic, fight against crime, judicial cooperation in criminal matters in the EU, protection of freedoms, public safety

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.7.2008 
SEC(2008) 2049 

COMMISSION STAFF WORKING DOCUMENT 

Annex to the 

* 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

General overview of instruments and deadlines provided for in the Hague Programme 
and Action Plan in the fields of justice, freedom and security for 2007 

(Institutional Scoreboard) 

Report on the implementation of The Hague programme for 2007 

(Institutional Scoreboard – Table 1) 

{COM(2008) 373 final} 
{SEC(2008) 2048} 

EN 

   EN 

 
 
 
  
 
 
 
 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

1. GENERAL ORIENTATIONS 

1.3. EUROPEAN COURT OF JUSTICE 

1.3. (a)   Proposal on means to 
enable  the  European 
to 
Court  of  Justice 
for 
requests 
handle 
preliminary 
rulings 
concerning  the  area 
of 
freedom,  security 
and justice 

Commission 

2006 

(cid:57)Achieved 

On  1  March  2008,  the  Court  of  Justice  of  the  European  Communities  adopted  a  new  procedure  to 
enable it to deal more quickly with very urgent questions referred for a preliminary ruling.  

1.4. EUROPEAN STRATEGY ON DRUGS 

–  EU Action Plans on drugs 2005 to 2008 

1.4. (a)  Continuous evaluation 
of  the  EU  Action  Plan 
on  Drugs  2005 
to 
2008 

1.4. (c)  Report 

the 
on 
and 
implementation 
functioning 
the 
of 
Framework  Decision 
on drugs trafficking 

Commission 

Annual 

(cid:57)Achieved 

On 10 December the Commission adopted Communication from the Commission on the 2007 Progress 
Review of the implementation of the EU Action Plan on Drugs (2005-2008)2 and sent it to the EP and 
the Council. Final evaluation and proposal for new Action Plan to be submitted in 2008.  

Commission 

2007 

•  Delayed 

The  evaluation  report  will  be  submitted  by  the  Commission  by  12  May  2009  at  the  latest,  as  it  is 
stipulated in the Framework Decision. Only 11 Member States sent their report on transposition by the 
deadline 12 May 2006.  

1 

2 

EN 

Reference is made to 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 (2007) 781 final. 

2 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

2. STRENGTHENING FREEDOM 

2.1 CITIZENSHIP OF THE UNION 

Commission 

Two Commission reports were adopted on 17.3.19993 (period 1992-1999) and 5.3.20034 (period 1999-
2002). A third and last report was adopted by the Commission on 5.4.20065 (period 2003-2005). 

2.1. 

(a) 

on 

the 
of 

Report 
application 
Directives 
90/364/EEC, 
and 
90/365/EEC 
93/96/EEC  on 
the 
right  of  residence  of 
pensioners,  students 
and inactive persons 

2.1. (d)  Proposal 

on 
provisions 
and 
conditions required for 
a  European  citizens' 
initiative 

Commission 

2007 

•  Delayed 

There is no legal basis for putting forward such an initiative under the current Treaties. 

2.2. ASYLUM, MIGRATION AND BORDER POLICY  

2.2 (a) 

Annual 
reports  on 
migration  and  asylum 
statistics  

Ongoing 

This forms part of the European Migration Network's annual work programme. 

3 

4 
5 

EN 

Report from the Commission to the Council and the European Parliament on the implementation of Directives 90/364, 90/365 and 93/96 (right of residence): COM(1999) 
127. 
Second Commission report to the Council and Parliament on the implementation of Directives 90/364, 90/365 and 93/96 (right of residence) - COM(2003) 101. 
Third Commission report to the Council and Parliament on the application of Directives 93/96, 90/364, 90/365 on the right of residence for students, economically inactive 
and retired Union citizens – COM(2006) 156 final. 

3 

EN 

 
  
 
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

of 

2.2. (c)  Green  Paper  on  the 
future 
the 
European  Migration 
possibly 
Network, 
followed 
a 
by 
proposal  establishing 
a  European  Migration 
Monitoring Centre 

Commission 

2005/ 2006 

(cid:57)Achieved 
The  European  Migration  Network  legal  base  proposal6  was  finally  adopted  and  put  forward  by  the 
Commission on 10 August 2007. The JHA Council reached a general approach on this proposal on 6 
December 2007. Formal adoption is expected during the first semester of 2008.  

2.3 COMMON EUROPEAN ASYLUM SYSTEM 

–  Evaluation of the first phase legal instruments 

2.3. (c)  Monitoring 

the 
transposition 
and 
implementation of first 
phase instruments 

Commission 

ongoing 

A study on the conformity checking of measures of Member States to transpose directives in the sector 
of asylum and immigration was carried out in 2007. The final results will be available and assessed in 
2008. Moreover, in relation to asylum policy, a report on the evaluation of the Dublin system7 and of the 
Directive on reception conditions8 was published in 2007. 

–  Studies on the implications, appropriateness and feasibility of joint processing of asylum applications 

2.3. (f) 

the 

Study  on 
joint 
processing  of  asylum 
applications within the 
Union  

Commission 

2006 

•  Delayed 

Following the replies to the Green Paper on the future of the CEAS, it was decided that the study is to 
be carried out at a later stage. 

6 
7 
8 

(COM(2007) 466) 
COM (2007)299 final. 
COM (2007)754 final. 

EN 

4 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

Commission 

2006 

•  Delayed 

The study is to be carried out in 2008 as a follow-up to the Policy Plan on Asylum. 

2.3. (g)  Study, 

to 
be 
conducted 
in  close 
consultation  with  the 
United  Nations  High 
Commissioner 
for 
Refugees 
(UNHCR), 
on  joint  processing  of 
applications 
asylum 
outside EU territory 

–  Cooperation between Member States relating to the common European asylum system, after the establishment of a common asylum procedure 

Commission 

No date 

A feasibility study has been launched at the end of 2007 and its results will be presented in July 2008. 
On  the  basis  of  the  conclusions  of  the  study  and  the  reactions  from  Member  States  and  the  EP,  the 
Commission will decide whether to propose any initiative in this respect. 

2.3. (i) 

Establishment  of  a 
European 
support 
office  in  charge  of  all 
forms  of  cooperation 
concerning a common 
asylum system on the 
basis 
an 
evaluation. 

of 

2.4. LEGAL MIGRATION 

–  Developing policy on legal migration 

Commission 

Ongoing 

This is covered by the action under point 2.3(c). 

2.4. 

(a) 

of 

Assessment 
and 
monitoring 
the 
and 
transposition 
implementation of first 
phase  Directives  on 
legal migration 

EN 

5 

EN 

 
  
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

2.5. INTEGRATION OF THIRD-COUNTRY NATIONALS 

–  Promotion of the structural exchange of experience and information integration 

State of play 

2.5. (c)  Annual 

reports  on 
and 

immigration 
integration 

Commission 

2005 
ongoing 

-

The Third Annual Report on Migration and Integration9, 11 September 2007. There is no annual report 
foreseen in 2008. The integration communication in September 2008 will make suggestions on how to 
improve the way annual reports are being produced.  

2.5. (e)  Development  of  a 
website on integration 

Commission 

2006 

•  Delayed 

The website is currently being developed and will be launched during the fourth quarter of 2008. 

2.6. FIGHT AGAINST ILLEGAL IMMIGRATION 

to 
2.6. (a)  Contribution 
of 
management 
immigration 
liaison 
networks  in  relevant 
third countries 

Council/ 
Commission 

ongoing 

2.6. (b)  Annual  report  on  the 
common  policy  on 
illegal migration 

Commission 

ongoing 

The Commission presented in October 2006 a discussion paper on further development of Immigration 
Liaison Officers (ILO) networks in third-countries presented in the Strategic Committee for Immigration, 
Frontiers  and  Asylum  (SCIFA).  Building  upon  MS'  replies  to  a  Presidency  questionnaire,  further 
discussions  took  place  in  the  first  half  of  2007,  focussing  on  the  possibility  of  greater  FRONTEX 
involvement in the further development of liaison officer networks. It was agreed to consider this further 
in the course of an evaluation of FRONTEX to be carried out by the end of 2007. 

The  2nd  annual  report  on  the  development  of  a  common  policy  on  illegal  immigration,  smuggling  and 
trafficking of human beings, external border controls, and the return of illegal residents of 19 July 2006 
was  annexed  to  the  Commission  Communication  on  policy  priorities  in  the  fight  against  illegal 
immigration  of  third-country  nationals,  adopted  on  19  July  2006.  The  third  annual  report,  covering  the 
second half of 2006 and all of 2007,  will be soon sent to the Cabinet for the green light to launch the 
ISC; it is due to be presented in June this year.  

9 

COM/2007/ 512 

EN 

6 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

2.6. (j) 

of 

Conclusion 
Community 
readmission 
agreements 
management 
existing agreements  

and 
of 

Commission 

timely 

EC readmission agreements are in force with Hong Kong, Macao, Sri Lanka, Albania. Furthermore, the 
Community  readmission  agreement  with  Russia  entered  into  force  on  1  June  2007.  The  negotiations 
and  conclusion  of  (6)  agreements  with  Ukraine,  Moldova,  Serbia,  the  former  Yugoslav  Republic  of 
Macedonia, Bosnia and Herzegovina and Montenegro were accomplished by the end of 2007. All those 
agreements entered into force on 1 January 2008.  

Two  Joint  readmission  committees  (July  and  November)  were  convened  with  Russia  to  monitor 
implementation of Russia – EC readmission agreement. Further committees with Russia and other third 
countries with whom readmission agreements are in force will be organised in 2008.  

2.8. BORDER MANAGEMENT, BIOMETRICS, INFORMATION SYSTEMS AND VISA POLICY 

–  Abolition of controls on persons at the internal borders 

2.8. (c)  Evaluation  of  SIS 

II 
related  acquis  in  the 
new Member States 

Commission 

2007 

(cid:57)Achieved 

Schengen  evaluations  of  the  SIS  have  been  carried  out  in  September  2007  in  accordance  with  the 
relevant Schengen evaluation procedures. 

Council 

2007 

(cid:57)Achieved 
Council Decision 2007/801/EC was adopted on 6 December 200710  

The  Schengen  Member  States  continue  to  rely  on  SIS  1+;  SIS  II  shall  become  operational  after  all 
relevant  tests  have  been  completed  in  accordance  with  the  provisions  of  Council  Decision 
2007/533/JHA and Regulation (EC) No 1987/2006 of the European Parliament and of the Council. 

with 
the 

2.8. (d)  Adoption  of  a  Council 
Decision  on  the  lifting 
the 
of  controls  at 
and 
borders 
between 
new 
Member  States,  when 
all 
requirements 
regarding  application 
Schengen 
of 
acquis  have  been  met 
and 
the 
once 
Schengen  Information 
System  (SIS 
II)  has 
become operational 

the 

10 

OJ L 323/34. 

EN 

7 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

2.8. (e)  Proposal 

for 
supplementing 
the 
Schengen 
existing 
evaluation  mechanism 
with a supervisory 

Commission 

2007 

•  Postponed to 2008 

Commission will present such a proposal in the second semester 2008. 

–  Establishment of an integrated management system for external borders 

Commission 

2007 

(cid:57)Achieved 
The proposal tabled by the  Commission already in  200611  was adopted  by the Council and European 
Parliament in 200712.  

2.8. (f) 

on 

Proposal 
the 
setting  up,  the  powers 
and  the  financing  of 
national 
of 
teams 
to  provide 
experts 
technical 
and 
operational  assistance 
to  Member  States  in 
and 
control 
the 
surveillance 
of 
external borders within 
the  framework  of  the 
Border  Management 
Agency 

11 
12 

COM(2006) 401 Final 
Regulation (EC) No 863/2007, OJ L 199/30 

EN 

8 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

Commission 

2007 

(cid:57)Achieved 
The Commission submitted its report on 13 February 200813 as part of the "border package" (which also 
includes a communication on entry-exit system and on a European border surveillance system). 

2.8. (h)  Evaluation  report  on 
the  External  Border 
including  a 
Agency, 
review  of  the  tasks  of 
the  Agency  and  an 
assessment 
of 
it 
whether 
should 
itself  with 
concern 
other 
of 
border  management 
the 
(including 
the 
evaluation 
of 
of 
functioning 
the 
national 
teams 
of 
experts 
the 
feasibility  of  a  system 
of  European  border 
guards) 

aspects 

and 

–  Partial application of the Schengen acquis  

2.8. (i) 

Adoption  of  a  Council 
Decision on the partial 
implementation  of  the 
Schengen  acquis  by 
Ireland 

Council 

2006 

•  Delayed 

The adoption of the Decision is dependant on the overall development of SIS II. 

13 

COM (20080 67 Final 

EN 

9 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

Council 

2005 

•  Delayed 

The adoption of the Decision is dependant on the overall development of SIS II. 

Commission 

2006 

onwards 

A  political  agreement  has  been  reached  on  the  Council  Regulation  amending  Regulation  (EC) 
1030/2002  laying  down  a  uniform  format  for  residence  permits  for  third-country  nationals.  Formal 
adoption of the decision took place on 18 April 2008.  

2.8. (j) 

Adoption  of  a  Council 
Decision on the partial 
implementation  of  the 
acquis 
Schengen 
(SIS)  by 
the  United 
Kingdom 

2.8 (n)  Widespread use of 
biometric 

identifiers concerning 
travel 

documents, visas, 
residence 

permits, EU citizens' 

passports and 
information 

systems 

EN 

10 

EN 

 
  
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

2.9. VISA POLICY, INCLUDING THE DEVELOPMENT OF THE VISA INFORMATION SYSTEM (VIS) 

Commission 

Ongoing  –  to 
be  combined 
with 
the 
review  of  the 
visa list 

The third visa reciprocity report was presented by the Commission on 13 September 200714. The fourth 
report is expected at the end of the first semester of 2008.  

In  order  to  restore  reciprocity  with  Brazil,  the  European  Commission  has  presented  on  9  September 
2007 a Recommendation to the Council to open negotiations on a visa waiver agreement between the 
European Community and Brazil. 

Commission 

ongoing 

There is no legal basis for putting forward such an initiative under the current Treaties. 

2.9. (a)  Meetings  with 
of 

list 

third 
the 
countries 
positive  visa 
in 
order  to  ensure  visa-
free  travel  for  citizens 
of  the  Member  States 
third 
to  all 
those 
in 
countries 
the 
context  of 
the  new 
reciprocity 
to 
mechanism  soon 
(to  be 
be  adopted 
combined  with 
the 
review of the visa list) 

2.9. (h)  Recommendation 

visa 

for 
negotiating  directives 
for 
waiver 
agreements  between 
third 
the  EC  and 
on 
countries 
the 
conditions 
to  move 
freely within the Union 
for  a  period  between 
three and six months 

2.9. (k)  Kaliningrad Facility15 

Commission/ 
Lithuania 

Ongoing 

Closure for final payments is planned in 2008. 

14 
15 

EN 

COM(2007)533 final. 
The Kaliningrad Facility was replaced by specific provisions within the proposed External Border Fund for the period 2007 to 2013 as part of the framework programme 
'Solidarity and management of migration flows'. 

11 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

2005 to 2009  The  visa  facilitation  agreement  with  Russia  entered  into  force  on  1  June  2007.  The  visa  facilitation 
agreements with the Ukraine, FYROM, Serbia, Montenegro, Bosnia-Herzegovina, Albania and Moldova 
were negotiated and signed in 2007 (entered into force on 1 January 2008). In addition, visa dialogue 
with Russia towards visa liberalisation started in September 2006. 

2.9. (m)  Specific 

Commission 

recommendations  for 
negotiating  directives 
on  visa  facilitation  on 
a  case  by  case  basis 
with  third  countries  in 
the  context  of  the  EC 
policy, 
readmission 
where  possible  and 
on 
of 
reciprocity,  with  a 
view  to  developing  a 
real  partnership  on 
migration 
management issues 

basis 

the 

2.9. (o) 

Technical 
implementation  of  the 
VIS,  starting  with  the 
functionalities 
for 
processing 
data 
alphanumeric 
and 
photographs 
(2006) and adding the 
functionalities 
for 
biometric data (2006) 

Commission 

2006 

•  Delayed 

The Visa Information System (VIS) will go-live with biometric functionalities from the very beginning of 
its  implementation.  Following  the  political  agreement  of  the  VIS  legal  package  in  June  2007,  a  new 
project schedule has been drawn up, taking account of biometrics and the finalised legal requirements, 
and foresees the central VIS as "available for operations" at the end of May 2009. The date for the start 
of operations will depend upon the readiness of the Member States. 

2.9. (p)  Proposal 

on 

the 
creation  of  common 
visa offices  

Commission 

2007 

•  Delayed  

The Hague programme invited the Commission to submit a proposal on the establishment of common 
application  centres.  An  amendment  to  the  Common  Consular  instructions16  envisaging  such  a 
possibility was submitted by the Commission in 2006 and is currently under negotiations. 

16 

COM (2006) 269 final  

EN 

12 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3. STRENGTHENING SECURITY 

3.1. 

SHARING  OF  INFORMATION  AMONG  LAW  ENFORCEMENT  AND  JUDICIAL  AUTHORITIES  WHILE  STRIKING  THE  RIGHT  BALANCE 
BETWEEN PRIVACY AND SECURITY 

–  Availability principle and protection of personal data 

3.1. (g)  Development  of  links 
II 
Europol 

between 
and 
the 
information system 

the  SIS 

3.1. (h)  

Implementation  of  the 
principle 
of 
availability, 
concerning 
following areas: 

the 

- DNA(2005) 

- fingerprints  

- ballistics  

- telephone numbers  

- vehicle registrations  

- civil registers (2006) 

2007 

•  Delayed  

Europol is in the process of doing the basic tests for connection to the SIS II network. All users will be 
required to test the compliance of their systems with the central system by June 2008. 

Commission 

2006 

•  Delayed  

The Commission presented legislation for a Framework Decision on the implementation of the Principle 
of  Availability  and  one  for  the  protection  of  data  that  are  exchanged  under  this  principle  in  October 
2005. 

This legislation has not been discussed. It coincided with an initiative of seven Member States that led 
to  the  signature  of  the  Prüm  Treaty  on  27  May  2005,  and  the  adoption  of  a  Framework  Decision  on 
simplifying the exchange of information and intelligence17 on 18 December 2006. 

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 (political agreement reached on 13 June 2007), could be considered 
as partial implementation of the principle of availability. Further implementing legislation was presented 
in October 200718. 

17 
18 
CS16329/07 - Draft Council Decision on the implementation of Decision 008/…/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-

2006/930/JHA  
CS 9956/1/07 - Draft Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime,  

border crime 

EN 

13 

EN 

 
  
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

–  Exchange of data on PNR  

3.1. (l) 

Proposal  concerning 
a 
EU 
common 
approach  to  the  use 
of  passenger  data  for 
border  and  aviation 
security and other law 
enforcement 
purposes 

3.2. TERRORISM 

Commission 

2005 

(cid:57)Achieved 

The Commission adopted a proposal on an EU PNR system on 6 November 2007 as part of its Counter 
Terrorism Package19 . 

–  Further development of an overall approach to combat terrorism  

3.2. (a) 

Further 
implementation  of  the 
EU  Action  Plan  on 
Combating Terrorism 

Commission/ 
Council/ 
Parliament 

No date  

The implementation of the action plan is ongoing, and takes on board topical challenges. The reporting 
on the implementation of the action plan needs to take account of its multifaceted nature. It is structured 
along the headings, Prevent, Protect, Prosecute and Respond.  

Commission/ 
Council 

2006 

(cid:57)Achieved 

Cross  Border  Crisis  Network  Study  report  delivered  to  EU  MS  January  2008.  As  to  the  proposals:  on 
the basis of the information collected, the Commission eventually decided not to pursue the action. 

3.2. (d)  Examination  of 

of 

of 

up 

the 
and 
necessity 
the 
feasibility 
a 
setting 
European 
law 
enforcement  network 
the 
(LEN) 
fight 
terrorism 
against 
(2005) 
if 
proposal 
necessary 
for 
its  setting  up 
(2006) 

and 

for 

19 

COM (2007) 650 

EN 

14 

EN 

 
  
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3.2. (h)  Communication 

on 
the  peer 

on 
the  25 

results  of 
evaluation 
mechanism 
terrorism 
in 
Member States 

3.2. (i) 

3.2. (j) 

Identification  of  need 
and  scope  for  legal 
instruments  to  ensure 
that 
all  Member 
freeze 
can 
States 
assets  of  designated 
a 
persons 
in 
preventive  basis 
accordance 
with 
Special 
Recommendations  of 
the  Financial  Action 
Task Force 

on 

the 
Contribution 
to 
on 
ongoing  work 
the 
thwarting 
production 
and 
spread  of  chemical, 
nuclear  and  biological 
arms 

20 
21 
22 

JLS/D2/2007/05 
COM (2006)474 
COM(2007)399  

EN 

Council 
Secretariat 
General 

2006/ 2007 

(cid:57)Achieved 

The  report  on  the  peer  evaluation  mechanism  was  presented  and  discussed  within  the  Council 
throughout  2007.  In  the  light  of  the  recommendations  of  the  peer  evaluation  of  national  anti-terrorism 
arrangements, actions are envisaged to strengthen national capabilities to combat terrorism. 

2007 

•  Postponed to 2008 

A comparative study to evaluate the need for instruments to combat organised crime activities related to 
identity theft in the EU Member States20 was commissioned in 2007 (results expected in 2008).  

Commission  

2007 

(cid:57)Achieved 

Policy  measures  on  these  issues  have  been  in  preparation  since  2006.  A  Green  Paper  on  detection 
technologies  in  the  work  of  law  enforcement,  customs  &  other  authorities21  was  adopted  on  1 
September  2006,  as  well  as  a  Green  Paper  on  bio-preparedness22  was  adopted  on  11  July  2007. 
Currently  work  is  on-going  to  prepare  a  comprehensive  package  of  measures  on  these  topics  by  the 
summer of 2009.  

15 

EN 

 
  
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3.2. (k)  Development  of 
ATLAS 
and 
framework 

the 
cooperation 
legal 
its 

3.2. (m) 

Develop public/private 
to 
partnerships 
the 
improve 
prevention  and 
the 
fight against terrorism  

Council 

2006 

•  Delayed 

Commission 

No date 

Draft Council Decision (on the basis of an Austrian legislative initiative proposing to develop the ATLAS 
cooperation  and  its  legal  framework)  was  adopted  at  the  level  of  CATS  on  6  March  2008.  Rapid 
adoption by Council is expected. EP has been consulted and issued its report.  

A sector-specific public/private partnership was launched by a conference held on 28 and 29 November 
2005 on detection and associated technologies. Cooperation in the form of public/private partnership is 
also  continuing  as  part  of  the  work  on  protection  of  critical  infrastructure  and  intensive  cooperation  is 
expected in the second half of 2006.The conference on security of explosives scheduled for the first half 
of 2006 will also be a sector-specific initiative as part of a general policy being developed in the field of 
Public/Private Security Dialogue (PPSD). 

–  Review and adaptation of EU legislation in parallel with measures to be adopted in order to combat terrorism  

3.2. (n)  Second  report  based 
on  Article  11  of  the 
Council 
Framework 
Decision  of  13.6.2002 
on 
combating 
terrorism  (2005)  and 
evaluation (2006) 

Commission 

2006 

(cid:57)Achieved 
Adopted  as  part  of  the  Counter-Terrorism  Package  on  6  November  200723.  The  report  evaluated  the 
implementation  of  EU  25  and  noted  that,  although  most  Member  States  had  implemented  the  main 
provisions correctly there were some important deficiencies to correct in certain national legal systems. 

3.3. PREVENTION OF AND FIGHT AGAINST ORGANISED CRIME 

– 

Improve the knowledge of organised and serious crime and strengthen the gathering and analysis of information 

3.3. (c)  Commission  working 
criminal 
law 

paper 
intelligence-led 
enforcement 

on 

Commission 

2005 

•  Not relevant anymore 

Following examination of the matter, the Commission eventually considered that this action is no longer 
to be pursued as this is an issue for Member States' action. 

23 

COM (2007) 650 

EN 

16 

EN 

 
  
 
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3.3. (d)  Recommendation 

for 
a 
standard 
for 
methodology 
vulnerability  in  crime 
proofing  

3.3 (e) 

Presentation 
European 
report 

a 
of 
crime 

Commission 

2007 

•  Not relevant anymore 

Following  examination  of  the  matter,  the  Commission  considered  that  it  is  not  feasible  to  identify 
standards in this area applicable across all sectors.  

2007 

•  Delayed 

The production of a European Crime Report is considered subject to the conclusion of the 2006-2010 
Commission Action Plan to develop an EU Strategy to measure crime and criminal justice24. Essential 
pre-requisites  to  preparing  a  crime  report  are  being  addressed  within  the  context  of  the  work  to 
implement  the  Commission  Action  Plan.  In  this  light  the  feasibility  of  producing  a  'credible'  EU  crime 
report is a priority consideration when the Action Plan final implementation report is produced in 2010. 

3.3 (f) 

Organised 
Threat 
(OCTA) by Europol  

Crime 
Analysis 

Europol 

As of 2006 

(cid:57)Achieved 

The 2007 OCTA was issued in June 2007. 

–  Strengthen prevention of organised crime 

3.3. (g)  Crime-proofing 

of 
the 
legislation  and 
design 
crime 
of 
preventive  measures 
into 
and 
products 
services 

Commission 

2005 

•  Not relevant anymore 

On the basis of the results of the 2006 study, the Commission concluded that this action was not worth 
being pursued.  

24 

COM(2006)437 

EN 

17 

EN 

 
  
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

Commission 

2005 

•  Not relevant anymore 

This  initiative  has  been  overtaken  by  Framework  Decision  2004/68/JHA  on  sexual  exploitation  of 
children,  Commission  Draft  Guidelines  on  child  alert  system  and  Communication  "Towards  an  EU 
Strategy on the rights of the child". 

2006 

•  Not relevant anymore 

The  Action  plan  has  never  been  approved  and  after  reformulation  of  the  objectives,  the  European 
Security Research Innovation Forum has been set up. 

Commission 

2006 

• 

 Delayed 

One  of  the  first  major  steps  to  follow  up  on  the  2007  Communication  on  cybercrime  was  the 
organisation  of  an  expert  meeting  with  representatives  of  Member  States,  International  organisations 
and private sector in November 2007. An ad hoc group of public and private experts will convene and 
assist the Commission in drafting recommendations for further cooperation in 2008. 

3.3. (h)  Report  on  the  results 
of  a  study  further  to 
the  Council  resolution 
of 
the 
contribution  of  civil 
society 
finding 
in 
missing  or  sexually 
exploited children 

2001 

on 

3.3. (i) 

3.3. (j) 

on 

Plan 

Action 
private/public 
partnerships 
protect 
organisations 
private 
from organised crime 

to 
public 
and 
companies 

Improving  European 
coordination 
and 
cooperation  between 
high-tech  crime  units 
in  Member  States, 
and  with  the  private 
sector 
(cyber  crime 
intelligence  network) 
including 
the 
a 
development 
European cyber crime 
manual 

of 

EN 

18 

EN 

 
  
 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

–  Anti-corruption measures 

3.3. (l) 

the 
Examination  of 
need 
for  codes  of 
conduct on ethics and 
integrity 
for  public 
officials 

2007 

(cid:57)Achieved 
The issue has  been examined by the Commission,  which put forward  a Communication25 on 5 March 
2008 on Enhancing the environment for professional ethics. 

–  Strengthen tools to address financial aspects of organised crime 

3.3. (n) 

of 

Initiatives  to  promote 
use 
financial 
investigation  as  a  law 
enforcement 
technique 
establish 
minimum 
standards 

and 
to 
common 
training 

3.3. (o)  Common 

set 

of 
training  standards  in 
financial  investigation 
skills 

3.3. (p)  Recommendation 

for 
a  Memorandum  of 
Understanding 
feedback 
regarding 
financial 
from 
intelligence  units 
to 
reporting  bodies  on 
suspicious transaction 
reports 

25 

SEC(2008)301  

EN 

Commission 

2005 to 2007  (cid:57)Achieved 

A Financial Investigation Steering Group was created on the initiative of the Commission and Europol to 
implement  a  European  training  programme  dedicated  to  financial  investigations.  This  group  meets 
regularly  and  will  have  its  next  meeting  in  January  2008.  A  conference  was  held  on  23  March  2006. 
Two series of questionnaires which were sent to the Member States and a study carried out in end of 
2006 were forwarded at the group's meetings. 

Commission 

2005 

• 

 Delayed 

Training  standards  will  be  developed  by  external  project  partners  in  2008,  with  financial  support  from 
the Commission. The publication of two handbooks on financial investigation skills is foreseen for 2009. 

Commission 

2006 

• 

 Delayed 

A preparatory study is being prepared. The final report is expected in autumn 2008 and is going to be 
presented to the informal EU Financial Intelligence Units Platform by end 2008 in view of formulating a 
Recommendation 

19 

EN 

 
  
 
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3.3. (q)  Recommendation 
and/or  proposal 
to 
enhance transparency 
of 
to 
legal  entities 
reduce vulnerability to 
infiltration 
by 
organised crime 

Commission 

2006 

•  Not relevant anymore 

Following careful analysis, the Commission decided that it was no longer feasible to purse this action. 

3.3. (r) 

of 

Promotion 
establishment 
criminal 
intelligence  units 
EU Member States 

the 
of 
asset 
in 

Commission/ 
Council 

Continuous 

The  Commission  is  continuously  promoting  the  establishment  of  such  a  unit,  via  the  organisation  of 
expert meetings. The Commission plans the adoption of a Communication on criminal assets in 2008. 

– 

Improve legislation and review existing legal instruments where needed  

3.3. (a)  Adoption 

a 
of 
framework 
decision 
on  participation  in  a 
criminal organisation 

3.3. (d)  Review  and,  where 
further 
appropriate 
development 
of 
present  legislation  on 
in  human 
trafficking 
beings, for example in 
order 
facilitate 
public-private 
cooperation,  EU-wide 
coordination  and  the 
involvement 
of 
Europol 

to 

2006 

•  Delayed 

A political agreement was reached in April 2006, but due to a parliamentary reservation formal adoption 
has not yet taken place 

Commission 

2006 

(cid:57)Achieved 
On  2  May  2006,  the  Commission  adopted  the  Implementation  Report  concerning  the  Council 
Framework  Decision  on  combating  trafficking  in  human  beings26.  A  Commission  decision  regarding 
setting up a new Group of Experts on trafficking human beings was adopted on 17 October 200727. The 
deadline for the call for applications for the group is 15 February 2008 and the group is expected to be 
operational by the 2nd quarter of 2008.  

Legislation activities in the area of trafficking in human beings will be considered in due time 

26 

COM (2006) 187 final. 

EN 

20 

EN 

 
  
 
 
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3.3. (e)  Review 

and, 

if 
further 
necessary, 
the 
development  of 
framework 
legal 
and 
preventing 
combating 
trafficking 
in  human  organs, 
tissues and cells 

3.3. (h)  On  the  basis  of  the 
for 
study,  proposal 
legislation  in  criminal 
matters, in the field of 
organised 
crime 
related  to  fiscal  fraud 
or  on  standards  and 
best  practices  for  the 
purpose  of  improving 
law 
enforcement 
cooperation 

3.3. (i) 

identity 
identity 

Proposal  on 
theft 
management 
measures 

and 

3.3. (j) 

Examination  of 
the 
initiative on combating 
fraud in public tenders 

Commission 

2006 

(cid:57)Achieved 
In  the  Communication on  organ  donation28,  the  Commission  took  the  commitment  to  monitor  the 
situation  of  organ  trafficking.  For  this  purpose, a  study  on  the  assessment  of  different  types  of 
trafficking, including organ trafficking has been commissioned and the final report will be available early 
2009. The Implementation Report of the EU Action plan on trafficking in human beings will be issued by 
the Commission during 2008, and will look into new proposals for the updating of the Action Plan. The 
Commission is also considering the possibility to revise EU legislation on trafficking 

Commission 

2007 

•  Not relevant anymore 

Two  public  procurement  calls  for  comparative  studies  were  launched  in  2005  and  2007.  In  both 
occasions all tenders did not reach the minimum score and COM decided not to award the contract.  

Commission 

2007 

•  Delayed 

A comparative study to evaluate the need for instruments to combat organised crime activities related to 
identity theft in the EU Member States29 was commissioned in 2007. The results are expected in 2008.  

Commission 

2006 

•  Not relevant anymore 

27 
28 
29 

(OJ L 277, 20.10.2007, p. 29) 
COM(2007)275 
JLS/D2/2007/05 

EN 

21 

EN 

 
  
 
 
                                                                                                                                                                                                                                                    
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

– 

Improving monitoring and evaluation 

State of play 

3.3. (p)  Report 

on 

the 
implementation  of  the 
framework  Decision 
on  Confiscation  of 
Crime-Related 
Proceeds, 
Instrumentalities  and 
Properties  

Commission 

2007 

(cid:57)Achieved 

The  first  Report,  according  to  Article  6  of  Framework  Decision  2005/212/JHA  was  published  on  17 
December 200730. (Almost) full implementation has been confirmed for 10 Member States. 

3.3. (q)  Evaluation 

regarding 
States' 
Member 
implementation 
of 
customs  cooperation 
(Naples 
II 
Convention)  including 
the ratification status 

Council 

2007 

•  Postponed 2008 

Ongoing  work  is  based  on  a  project  group  established  by  the  Customs  Cooperation  Working  Party 
(ISEC funding). 

3.4. POLICE AND CUSTOMS COOPERATION 

Council 

2004 to 2006  (cid:57)Achieved 

The report on 2004/200631 was presented in 2007. 

3.4. (a) 

and 
Implementation 
evaluation of the work 
programme 
concerning 
customs 
cooperation  approved 
by the JHA Council on 
30  March 
2004 
following  the  Council 
Resolution 
2 
October  2003  on  a 
strategy  for  customs 
coop 

of 

30 
31 

(COM(2007) 805 final)  
5674/07 ENFOCUSTOM 13 

EN 

22 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3.4 (b) 

Communication 
on 
the  fight  against  illicit 
cross-border 
trafficking in restricted 
or prohibited goods  

Commission 

2007 

• 

 Not relevant anymore 

Following careful analysis, the Commission decided that it was no longer feasible to purse this action. 

– 

Improvement of law enforcement cooperation and development of the Schengen acquis in respect of cross-border operational law enforcement cooperation 

Commission 

2005 

•  Not relevant anymore 

Please refer to 4.2 (d).  

for 

3.4. (e)  Communication  and 
proposal 
a 
Directive  on  improved 
transport  safety  and 
security 
increased 
through  the  creation 
of  an  area  of  police 
judicial 
and 
the 
cooperation  on 
trans-European 
transport networks  

–  Systematic exchange programmes for law enforcement officers' authorities 

3.4. (j) 

Evaluation  of  CEPOL 
(2006) 
if 
appropriate, 
further 
development 

and, 

Commission 

2006 

•  Delayed 

An  evaluation  within  the  framework  of  the  new  general  evaluation  mechanism  may  be  considered. 
Council  Decision  2005/681/JHA  establishes  that  an  independent  evaluation  will  take  place  within  5 
years of the taking effect of that decision.  

– 

 Improvement of operational cooperation  

Commission 

Ongoing 

Discussions on possible actions in this field have been discussed in 2006 and 2007 within the Council 
Customs Cooperation working group and the Police Cooperation working group. 

3.4. (k)  Development  of  a 
common methodology 
and  setting  up  of 
short-duration 
joint 
customs  and  police 
and/or 
operations 
multidisciplinary 
joint 
teams 

EN 

23 

EN 

 
  
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

3.4. (l) 

3.4 (n) 

of 
standards 
the  cross-border 
investigation 

Elaboration 
minimum 
for 
use  of 
techniques 

of 
Improvement 
European cooperation 
between 
anti-
corruption  authorities 
and  examination  of 
the  setting  up  of  a 
network between anti-
corruption  authorities 
(including 
police, 
judicial,  prosecutorial 
and customs)  

3.4. (p)  Definition  of  the  role 
security 

of 
the 
committee (COSI) 

3.4. (q)  Review  and,  where 
further 
appropriate, 
development  of 
the 
customs IT systems 

3.4. (r) 

of 

the 
Implement 
the 
conclusions  of 
19 
Council 
2004 
November 
the 
fight 
related 
to 
against 
organised 
crime  in  the  Western 
Balkans 

Commission 

2006 

•  Delayed 

An  expert  meeting  to  examine  this  question  was  organised  in  November  2005.  The  Commission  has 
supported  a  German  initiative  regarding  cross-border  investigations.  Discussions  in  Council  working 
groups have taken place with a view to making investigation techniques the subject of the 5th round of 
mutual evaluations. 

2007 

•  Postponed to 2008 

The  German  initiative  has  been  debated  in  the  European  Parliament  (LIBE)  since  October  2007.  The 
Commission  has  been  asked  to  provide  comments.  Adoption  by  Council  on  a  German  initiative  for  a 
European anti-corruption network is expected in 2008. 

Council 

2006 

•  Delayed 

There is no legal basis under the current Treaties related to this action. 

Council 

Ongoing 

Preparatory  work  is  ongoing.  The  Commission  will  launch  a  pilot  phase  in  2008  concerning  the  FIDE 
(Fichier d'identification des dossiers des enquêtes douanières) system. 

Council 

Ongoing 

The  work  to  strengthen  law  enforcement  cooperation  in  Western  Balkans,  with  SECI  as  an  important 
tool,  is  continuing.  The  new  SECI  Convention,  which  will  enable  to  SECI  to  cooperate  closer  with 
Europol,  is  being  finalised,  and  is  foreseen  for  adoption  under  by  June  2008.  SECI  is  also  meant  to 
perform an Organised Crime Threat Assessment for Western Balkans. 

EN 

24 

EN 

 
  
 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

3.5. MANAGEMENT OF CRISIS WITHIN THE EUROPEAN UNION 

State of play 

3.5 (c) 

Decision 
Council 
creating 
critical 
a 
infrastructure  warning 
information 
network 
(CIWIN) 

Council 

2005 

•  Delayed 

The  adoption  of  such  a  Decision  is  expected  in  the  third  quarter  of  2008.  A  prototype  system  was 
delivered in January 2008 and presented to Member States. 

3.6. GENERAL CRIME PREVENTION 

Commission 

No date 

The  Expert  group  on  policy  needs  of  data  on  crime  and  criminal  justice,  set  up  in  2006,  met  twice  in 
2007. Two sub-groups examined the areas of Human Trafficking and Money-Laundering and produced 
Working papers. Funding has been sub-delegated to Eurostat to fund the pilot phase of the EU Crime 
Victimisation  Survey  (15  Member  States'  applications  to  participate  received).  A  2007  procurement 
contract  has  been  awarded  to  develop  an  EU  system  for  the  classification  of  crimes  and  criminal 
offences. 

3.6 (b) 

Establishment 
of 
European  instruments 
collecting, 
for 
analysing 
and 
comparing information 
on 
and 
crime 
victimisation  and  their 
in 
respective 
MSs,  using  national 
statistics  and  other 
sources of information 
as agreed indicators 

trends 

4. STRENGTHENING JUSTICE 

4.1. CONFIDENCE-BUILDING AND MUTUAL TRUST 

4.1. (a)  Systematic,  objective 
impartial 
and 
evaluation 
the 
of 
implementation  of  the 
EU policies in the field 
of  justice  with  a  view 
to  reinforcing  mutual 
fully 
trust 
while 
respecting 
the 
independence  of  the 
judiciary 

Commission 

2006 

•  Delayed 

A systematic evaluation of the implementation of the EU policies in the field of justice is still not in place; 
however,  several  sectoral  evaluations  have  already  been  carried  out.  Moreover,  a  Commission 
Communication  on  the  creation  of  a  Forum  for  discussing  EU  justice  policies  and  practice  has 
been  adopted  on  4  February  2008.  The  Forum  will  gather  together  practitioners,  academics  and 
representatives  of  justice  administrations  to  provide  the  Commission  with  feedback  and  input  for  the 
evaluation mechanism. 

EN 

25 

EN 

 
  
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

4.1. (c)  Creation, 

from 

the 
existing  structures,  of 
an effective European 
training  network 
for 
judicial  authorities  for 
both  civil  and  criminal 
matters  

4.1. (d)  EU  workshops 

to 
promote  cooperation 
between  members  of 
the  legal  professions 
to 
with 
establishing 
best 
practices 

view 

a 

2007 

(cid:57)Achieved 

The European Judicial Training Network (EJTN) was set up in 2002 on the basis of an existing informal 
agreement and was in 2006 formally established in accordance with Belgian law.  

2006 

(cid:57)Achieved 

The workshops are provided on a regular basis by ERA and the EJTN 

4.2. JUDICIAL COOPERATION IN CRIMINAL MATTERS 

–  Pursuing the implementation of the mutual recognition principle 

4.2. (e)  Communication 

of 

on 
the  creation  of  an 
index 
non-EU 
nationals  convicted  in 
an  EU  Member  State 
(2005)  and  legislative 
proposal (2006) 

Commission 

2005 

•  Delayed 

On  4  July  2006,  the  Commission  adopted  a  Working  Document  on  the  feasibility  of  an  index  of  third-
country nationals convicted in the European Union. Following an orientation debate held in March 2008 
at the Council, the Commission will further examine the practical aspects of such an index, including the 
types  of  data  it  should  contain  and  the  related  cost  implications,  before  presenting  a  legislative 
proposal.  

EN 

26 

EN 

 
  
 
 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

Commission/ 
Council 

4.2. (i) 

on 

Reports 
the 
implementation  of  the 
Framework  Decision 
on 
the  European 
arrest warrant and the 
surrender  procedures 
between 
Member 
States32 

2005/ 2006 

(cid:57)Achieved 

The second report on the implementation of the Framework Decision was adopted on 11 July 2007. 

4.2. (k)  Proposal  on  driving 

Commission 

2006 

•  Delayed 

4.2. (l) 

disqualifications 

on 

Report 
the 
implementation  of  the 
framework decision of 
22  July  2003  on  the 
execution in the EU of 
orders 
freezing 
property or evidence33 

Commission 

2006  

•  Postponed to 2008 

The need for this measure is under review. 

As  of  January  2008,  only  18  Member  States  have  sent  their  national  implementing  laws  to  the 
Commission  and  Council.  The  report  will  be  adopted  later  in  2008  once  all  Member  States  will  have 
provided their input.  

32 

33 

EN 

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Statements made by 
certain Member States on the adoption of the Framework Decision, OJ L 190, 18.07.2002, p. 1. 
Council  Framework  Decision  2003/577/JHA  of  22  July  2003  on  the  execution  in  the  European  Union  of  orders  freezing  property  or  evidence,  Official  Journal  L  196, 
02/08/2003 P. 0045 – 0055. 

27 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

4.2. (m)  Report 

on 

the 
implementation  of  the 
decision 
framework 
on  the  application  of 
the principle of mutual 
recognition 
to 
financial penalties 

4.2. (n)  Proposal 

on 
and 
recognition 
execution 
of 
alternative  sanctions 
and  on  suspended 
sentences 

4.2. (o)  Proposal  completing 
European 

the 
Evidence Warrant 

–  Approximation 

4.2. (c)  Second  report  on  the 
implementation  of  the 
framework decision of 
15 March 2001 on the 
standing  of  victims  in 
criminal proceedings 

4.2. (d) 

Third  report  on 
the 
framework decision of 
15 March 2001 on the 
standing  of  victims  in 
criminal proceedings 

2007 

•  Delayed 

As  of  January  2008,  only  5  Member  States  have  sent  their  national  implementation  laws  to  the 
Commission  and  Council.  The  report  will  be  adopted  once  all  Member  States  will  have  provided  their 
input  

2007 

(cid:57)Achieved 
The proposal34 was put forward on 12 January 2007 A political agreement on the Framework Decision 
on  the  recognition  of  judgments  and  probation  decisions  with  a  view  to  the  supervision  of  probation 
measures and alternative sanctions was reached at the December 2007 JHA Council. Formal adoption 
is still pending. 

2007 

•  Delayed 

The need for this measure is under review. 

Commission 

2005 

•  Postponed to 2008 

The second and third reports will be amalgamated into a consolidated report to be adopted in 2008. 

Commission 

2006 

•  Delayed 

Refer to 4.2 (c) above. 

34 

EN 

Initiative of the Federal Republic of Germany and of the French Republic with a view to adopting a Council Framework Decision on the recognition and supervision of 
suspended sentences, alternative sanctions and conditional sentences (5325/07 COPEN 7)  

28 

EN 

 
  
 
 
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

4.2. (e)  Proposal  on  conflicts 
of  jurisdiction  and  the 
idem 
bis 
ne 
principle 

in 

Commission 

2006 

•  Delayed 

The need for this measure is under review. 

4.2. (f)  Green 

Paper 

on 

Commission 

2006 

•  Delayed 

handling of evidence 

The need for this measure is under review. 

4.2. (g)  Green 

Paper 

on 
default  (in  absentia) 
judgments 

4.2. (h)  Proposal  on  minimum 
standards  relating  to 
the taking of evidence 
with  a  view  to  mutual 
admissibility 

4.2. (i) 

Proposal  on  default 
absentia) 
(in 
judgments 

4.2. (k)  Analysis  of  minimum 
standards  in  pre-trial 
detention  procedures 
and  the  routines  for 
regular  review  of  the 
grounds for detention 

Commission 

2006 

•  Not relevant anymore 

This measure has been superseded by a proposal for a Framework Decision on the subject presented 
by the Slovenian Presidency beginning 2008. 

Commission  

2007 

•  Delayed 

The need for this measure is under review. 

Commission  

2007 

•  Not relevant anymore 

Refer to 4.2 (g) above. 

Commission 

2007 

•  Postponed 2008 

A study has been launched on the matter; results will be ready end 2008. 

–  Other instruments in the field of judicial cooperation in criminal matters 

4.2. (a)  Recommendation  on 
standards 
minimum 
for 
and 
capturing 
exchanging  electronic 
evidence 

EN 

Commission 

2006 

•  Delayed  

The need for this measure is under review. 

29 

EN 

 
  
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

4.2. (b)  Proposal  on  the  wilful 
destruction 
of 
documentary 
evidence 

on 

4.2. (c)  Proposal 
protection 
witnesses 
collaborators 
justice 

the 
of 
and 
with 

2007 

•  Delayed 

The need for this measure is under review. 

2007 

•  Not relevant anymore 

4.2. (d) 

Initiative 
facilitate 
to 
the  prosecution  of 
road traffic offences 

Commission/ 
Member States 

2005 

In the light of the Impact Assessment procedure in 2007, the conclusion was reached that at present it 
is  not  advisable  to  proceed  with  legislation  at  EU  level.  The  'Commission  Working  Document  on  the 
feasibility of EU legislation in the area of protection of witnesses and collaborators with justice'  35of 13 
November 2007 sets out the state of play on legislation and general practice at national, European and 
international level. This is followed by an analysis of problems, objectives and possible policy options. It 
also  outlines  the  key  issues  which  need  to  be  discussed  in  more  depth  before  possibly  leading  to  a 
harmonised European system for the protection of witnesses. 

(cid:57)Achieved 
On 19 March 2008 the Commission adopted a proposal36 
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  proposal  seeks  to  make  it  easier  within  the  EU  to  deal  with  cross-border 
offences by setting up a European network for the electronic exchange of data.  

4.2. (f) 

the 

Further  development 
European 
of 
Judicial  Network 
in 
criminal matters 

Commission 

Ongoing 

In January 2008, 14 Member States issued an initiative for a Council Decision on the European Judicial 
Network. This initiative is currently being discussed in Council.  

35 
36 

(COM(2007)693 final  
COM(2008)151  

EN 

30 

EN 

 
  
 
 
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

–  Eurojust 

4.2. (g)  Second  report  on  the 
legal  transposition  of 
the  Council  Decision 
of  28  February  2002 
setting up Eurojust 

– 

International Legal Order 

Commission 

2005 

(cid:57)Achieved 
The Commission report was included in the Communication37 on the future of Eurojust adopted on 23 
October 2007. 

4.2. (j) 

Active  involvement  of 
the  activities  of  the 
Council of 

Council/ 

2005 to 

Commission 

2009 

Commission and Council representatives regularly attend meetings organised by international bodies in 
this area. 

Europe and other 

international 
organisations 

and  forums  (G8,  UN, 
OECD,  OSCE,  FATF) 
in criminal matters 

4.2. (k)  Examination  of 

the 
case  for  agreements 
between  the  EU  and 
on 
third 
countries 
mutual 
legal 
assistance 

Council/ 
Commission 

37 

(COM(2007) 644) 

EN 

2005 to 2009  An agreement is being discussed with Liechtenstein 

31 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

Commission/ 
Council 

2005/ 2006 

•  Delayed 

The proposal is not progressing in Council owing to disagreements between Member States. 

4.2. (l) 

of 

on 

Proposal 
the 
conclusion and on the 
the 
signature 
Council  of  Europe 
Convention 
against 
money laundering and 
terrorist 
financing 
(Warsaw  Convention) 
on behalf of the EC 

4.2. (o)  Proposal 

on 
the 
of 
conclusion 
United 
Nations 
Protocol  against  the 
illicit  manufacturing  of 
the 
in 
trafficking 
their  parts 
firearms, 
and  components,  and 
ammunition  on  behalf 
of the EC 

2007 

•  Delayed 

This  action  needs  to  await  the  implementation  of  relevant  EC  legislation,  notably  the  Directive  91/577 
and the Regulation on an export/import licensing system.  

4.3. JUDICIAL COOPERATION IN CIVIL MATTERS 

–  Mutual recognition of decisions and elimination of obstacles to the proper functioning of proceedings 

4.3. (f) 

Adoption of the Rome 
on 
proposal 
II 
laws 
conflicts 
of 
regarding 
non-
contractual 
obligations 

Council/ 
European 
Parliament 

2006 

(cid:57)Achieved 

Regulation (EC) N° 864/2007 of the European Parliament and  of the Council  on the law  applicable to 
non-contractual obligations (Rome II) was adopted on 11 July 2007. 

EN 

32 

EN 

 
  
 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

4.3. (h)  Adoption of a directive 
on  certain  aspects  of 
mediation  in  civil  and 
commercial matters 

Council/ 
European 
Parliament 

2006 

(cid:57)Achieved 

On 8-9 November 2007, the JHA Council reached a political agreement on the draft mediation directive. 
The Council has adopted a common position at the JHA Council of 28 February 2008. The Commission 
is due to adopt its Communication on the Common Position by the beginning of March 2008. Following 
its  adoption  by  the  JHA  Council,  the  text  will  be  transmitted  to  the  European  Parliament  for  second 
reading. Due to the compromise reached  between the institutions in October 2007, it is expected that 
the  European  Parliament  will  not  vote  any  second  reading  amendments.  Accordingly,  the  Mediation 
Directive will most likely be adopted before end June 2008. 

4.3 (j) 

Green  Paper(s)  on 
effective 
the 
of 
enforcement 
judicial decisions 

4.3. (l) 

of 

the 
Evaluation 
of 
possibility 
completing 
the 
abolition  of  exequatur 
(2006  to  2010),  and 
legislative proposals if 
appropriate 

Commission 

2006 to 2007  (cid:57)Achieved 

On  24  October  2006,  the  Commission  adopted  a  Green  Paper  on  Improving  the  efficiency  of  the 
enforcement  of  judgements  in  the  European  Union:  the  attachment  of  bank  accounts38.  The  second 
Green  Paper  on  the  effective  enforcement  of  judgments  in  the  European  Union:  the  transparency  of 
debtors'  assets,  already  foreseen  in  December  2007,  has  been  adopted  on  the  6th  March  200839. 
Comments of stakeholders are expected until 30 September 2008. 

Commission 

2006 to 2010  After  the  adoption  of  the  report  on  the  application  of  the  Brussels  I  Regulation,  foreseen  in  2007,  the 
adoption  of  a  legislative  proposal  on  the  modification  of  the  Brussels  I  Regulation  aiming  at  the 
complete abolition of exequatur is foreseen end 2009.  

38 
39 

(COM (2006) 618 final) 
COM (2008) 128 final 

EN 

33 

EN 

 
  
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

–  Enhancing cooperation  

4.3. (n)  Report 

on 

the 
of 
the 
functioning 
European 
Judicial 
Network  (EJN)  in  civil 
commercial 
and 
(2005)  and 
matters 
amendment  proposal, 
if appropriate 

Commission 

2005/ 2006 

(cid:57)Achieved 
The report on the functioning of the EJN was adopted on 16/05/0640. Based on this report, an amended 
proposal is planned for the second quarter of 2008. 

4.3. (o)  Continued 

Continuous 

The  annual  general  meeting  2007  was  held  on  January  2008.  Because  of  the  late  adoption  of  the 
financial  Programme  "Civil  Justice"  and  the  consequent  lack  of  financial  means  in  2007  only  one 
meeting of the contact points was organised five meetings of the contact points and 1 annual meeting 
are  scheduled  in  2008.  The  Internet  site  is  updated  continuously.  A  database  on  the  Brussels  I  and 
Brussels II Regulations has been put on line in February 2008. 

Continuous 

New contract for maintenance of the Atlas was signed in 2007. 

Continuous 

Contacts  and  collaboration  are  being  maintained  with  different  networks  (European  Training  Network, 
Network of Presidents of the Supreme Courts, International Conference of Civil Status, European Union 
of Rechtspfleger). 

in 

the 
development  of 
Judicial 
European 
civil 
Network 
matters  and  of 
the 
databases  on  case-
law 
to 
relating 
European instruments 

Constant 
updating 
and  improvement  of 
the  European  Judicial 
Atlas 

4.3. (p) 

4.3. (q)  EU 

support 

for 
judicial 
and 

networks  of 
organisations 
institutions 

40 

(COM (2006) 203 final) 

EN 

34 

EN 

 
  
 
 
 
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

4.3. (s)  Annual  European  day 
of civil justice 

Continuous 

State of play 

In  2003  the  European  Commission  and  the  Council  of  Europe  launched  the  “European  Civil  Justice 
Day”, held on 25 October each year, to bring civil justice truly within the reach of European citizens. It is 
an  opportunity  for  citizens  to  familiarise  themselves  with  civil  justice,  thereby  affording  them  easier 
access  to  it.  The  Commission  participates  in  different  events  all  over  Europe.  The  “Crystal  Scales  of 
Justice” prize is organized on a biennial basis. The call for application for 2008 has been launched on 
22 February 2008. Deadline for applications is 1st June 2008. 

4.3. (r) 

EU  workshops 
to 
promote  cooperation 
between  members  of 
the  legal  professions 
to 
with 
identifying 
best 
practice 

view 

a 

Commission 

2006 

•  Delayed 
The late adoption of the financial programme Civil Justice41 and of the relevant Work Programme has 
prevented the Commission from organizing these workshops. 

–  Follow up of implementation of acts adopted 

4.3 (t) 

on 

he 
Report 
of 
functioning 
(EC)  No 
regulation 
1206/2001  on 
the 
taking  of  evidence 
amendment 
and 
proposal, 
if 
appropriate  

Commission 

2007 

(cid:57)Achieved 
The report of the Commission has been adopted on 5 December 200742 final (see also point 4.3. mutual 
recognition scoreboard table 2) 

4.3. (u)  Report 

of 

on 

the 
functioning 
the 
Brussels  I  Regulation 
(2007) 
and 
amendment  proposal, 
if appropriate  

Commission 

2007 

(cid:57)Achieved 

The  report  will  evaluate  the  application  of  Regulation  Brussels  I  in  order  to  highlight  problems  in  the 
application and ways in which the operation of the Regulation may be improved. Its adoption is foreseen 
2nd quarter 2008. 

41 
42 

Decision N° 1149/2007/EC of the European Parliament and of the Council of 25 September 2007 
COM(2007) 769  

EN 

35 

EN 

 
  
 
                                                 
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

–  Ensuring consistency 

4.3. (w)  Final  research  report 
a 
draft 
including 
common 
frame  of 
reference  in  the  field 
of  European  contract 
law 

– 

International legal order  

Commission 

2007 

(cid:57)Achieved 

The Common Frame of Reference (CFR) work on consumer contract law issues has - together with the 
results of other preparatory work - served as a starting point for the Green Paper on the acquis review 
that 
2007.  
In  December  2007,  the  Draft  (CFR)  prepared  by  the  Study  Group  on  a  European  Civil  Code  and  the 
Research Group on EC Private Law (Acquis Group) was delivered to the Commission. On 21 January 
2008, it was presented in the European Parliament. 

Commission 

February 

adopted 

the 

on 

7 

4.3. (e)  Conclusion of 

Commission 

2007 

(cid:57)Achieved 

The XXI Plenary (Diplomatic) Session of the Hague Conference on Private International Law met from 
the  5-22  November  2007.  The  main  agenda  points  of  the  Conference  were  the  finalization  of  the 
negotiations  of  two  international  instruments,  the  Convention  on  the  International  Recovery  of  Child 
Support  and  Other  Forms  of  Family  Maintenance  and  the  Protocol  on  the  Law  Applicable  to 
Maintenance  Obligations.  The  compromise  worked  out  in  the  negotiations  on  both  texts  can  be 
assessed  as  reasonable  and  consequently  the  Community  can  be  satisfied  with  the  results.  The 
European Community  was participating at this Diplomatic session for the first time in its capacity as a 
Member of the Conference. 

Commission 

2007 

(cid:57)Achieved 

Refer to point 4.3 (e) above. 

negotiations on the 
Convention on 
maintenance 
obligations 

4.3. (f) 

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 

EN 

36 

EN 

 
  
No1 

Action under the 
Action Plan 

Competent 
body 

Deadline 

State of play 

4.3. (g)  Continuation of 

Commission 

2007/2008 

(cid:57)Achieved 

negotiations and 
conclusion of 
international 
agreements relating 
to judicial cooperation 
in civil matters. 

Various  actions  have  been  accomplished  -  1)  Proposal  for  a  Decision  of  the  Council  concerning  the 
signature, on behalf of the Community, of the Convention on Choice of  Court Agreements of 30 June 
2005 to be adopted by the Commission in June 2008; 2) 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's proposal on 
the  ratification  of  the  Convention  by  the  Community  has  been  adopted  on  29  February  2008;  3)A 
mechanism  to  allow  MS  to  conclude  bilateral  agreements  with  third  States  where  exclusive  external 
competence of the Community exists will be proposed by the Commission during 2008. 

EN 

37 

EN