Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Justice, freedom and security in europe since 2005 : an evaluation of The Hague programme and action plan - General overview of instruments and deadlines provided in The Hague programme and action plan in the fields of justice, freedom and security : institutional scoreboard {COM(2009) 263 final} {SEC(2009) 765 final} {SEC(2009) 766 final}
Date: 2009-06-10
Institutions: European Commission
Subjects: action programme, activity report, area of freedom, security and justice, common foreign and security policy, foreign policy, judicial cooperation in civil matters in the EU, police cooperation, public safety, third country

EN 

EN 

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.6.2009 
SEC(2009) 767 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

JUSTICE, FREEDOM AND SECURITY IN EUROPE SINCE 2005:  

AN EVALUATION OF THE HAGUE PROGRAMME AND ACTION PLAN 

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

Institutional Scoreboard  

{COM(2009) 263 final} 
{SEC(2009) 765 final} 
{SEC(2009) 766 final} 

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No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

1. 

GENERAL ORIENTATIONS4 

1.1. 

EVALUATION 

- Setting up of a system for objective and impartial evaluation of the implementation of EU measures in the field of freedom, security and justice 

1. 

an 

Communication  on  and 
proposal  for  the  creation 
of 
evaluation 
mechanism,  as  envisaged 
by  Article  III-260  of  the 
Constitutional Treaty 

Commission

2006 

√ Achieved 

The Communication from the Commission to the Council and the European Parliament 
"Evaluation of EU policies on Freedom, Security and Justice", proposing an evaluation 
mechanism  at  EU  level  for  policies  in  this  area,  was  adopted  on  28  June  20065.  A 
proposal for the establishment of the evaluation mechanism has never been adopted. 

1.2. 

RESPECT FOR AND ACTIVE PROMOTION OF FUNDAMENTAL RIGHTS 

- Framework Programme “Fundamental rights and justice” under the new Financial Perspectives (2005) 

1 

2 
3 

4 
5 

See 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). 
All legislative proposals are in italics. 
"Achieved",  "delayed",  "postponed"  or  "ongoing"  refer  to  the  actions  foreseen  under  the  Action  Plan.  The  level  of  achievement  of  any  action  must  be  read  in 
conjunction with the request made by the Action Plan and the correspondent Institution responsible for delivering it.  
This table uses the same classification/titles as provided for under the Hague Action Plan. 
COM(2006) 332 final. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

1.2 
(a) 

Proposal  for  a  Decision 
specific 
establishing 
programme  on  citizenship 
and fundamental rights 

a 

Commission

2005 

√ Achieved 

The proposal  for  a Council Decision establishing for the period 2007-2013 the specific 
programme  “Fundamental  rights  and  citizenship”  as  part  of  the  general  programme 
“Fundamental Rights and Justice” was adopted on 6 April 20056. The Council Decision 
2007/252/JHA  establishing  for 
the  specific  programme 
‘Fundamental  rights  and  citizenship’  as  part  of  the  General  programme  ‘Fundamental 
Rights and Justice’ was adopted on 19 April 20077. 

the  period  2007-2013 

6 
7 

COM(2005) 122 final. 
OJ L 110, 27.4.2007, p. 33. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

1.2 
(b) 

a 

Proposal  for  a  Decision 
specific 
establishing 
programme  on  the  fight 
against  violence  (Daphne) 
and  drugs  prevention  and 
information 

Commission

2005 

√ Achieved 

The proposal for a Decision of the European Parliament and of the Council establishing 
for the period 2007-2013 the specific programme "Fight against violence (Daphne) and 
drugs  prevention  and  information"  as  part  of  the  General  programme  "Fundamental 
Rights  and  Justice"  was  adopted  on  6  April  20058.  The  two  strands  of  this  programme 
were split on 24 May 2006 into two different specific programmes: one on Fight against 
violence  (Daphne)  and  the  other  one  on  Drugs  prevention  and  information9.  This  split 
answered requests in that sense by the European Parliament, civil society organisations 
and  most  of  the  Member  States.  The  Decision  No  779/2007/EC  of  the  European 
Parliament  and  of  the  Council  establishing  for  the  period  2007-2013  a  specific 
programme  to  prevent  and  combat  violence against children, young people and women 
and to protect victims and groups at risk (Daphne III programme) as part of the General 
Programme "Fundamental Rights and Justice" was adopted on of 20 June 2007. 

The  Decision  No  1150/2007/EC  of  the  European  Parliament  and  of  the  Council 
establishing  for  the  period  2007-2013  the  Specific  Programme  "Drug  prevention  and 
information"  as  part  of  the  General  Programme  "Fundamental  Rights  and  Justice"  was 
adopted on 25 September 2007. 

-  Accession  of  the  European  Union  to  the  European  Convention  for  the  protection  of  human  rights  and  fundamental  freedoms  (informal 
discussions to be started in 2005) 

8 
9 

COM(2005) 122 final. 
COM(2006) 230 final. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

1.2.  Accession  of  the  European 
the  European 
to 
Union 
Convention 
the 
protection  of  human  rights 
and fundamental freedoms 

for 

1.2. 
(c) 

Proposal  extending 
the 
mandate  of  the  European 
on 
Monitoring  Centre 
Racism  and  Xenophobia 
towards  a  Fundamental 
Rights Agency 

Commission

• Postponed 

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

Commission

2005 

√ Achieved 

The  proposal  for  a  Council  Regulation  establishing  a  European  Union  Agency  for 
Fundamental Rights and the proposal for a Council Decision empowering the European 
Union  Agency  for  Fundamental  Rights  to  pursue  its  activities  in  areas  referred  to  in 
Title VI of the Treaty on European Union were adopted by the Commission on 30 June 
200510.  The  Council  Regulation  (EC)  No 168/2007  establishing  a  European  Union 
Agency for Fundamental Rights was adopted on 15 February 200711. 

- Promotion and protection of women and child rights 

1.2. 
(d) 

Daphne 
programme: 2006 

II 

work 

Commission

2005 

√ Achieved 

The work programme was approved at the end of December 2005. A call for proposals 
was issued, with a deadline of 10 February 200612. 

10 
11 
12 

COM(2005) 280 final. 
OJ L 53, 22.2.2007, p. 1. 
http://ec.europa.eu/justice_home/funding/2004_2007/daphne/doc/annual_programme_2006_en.pdf. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

No1 

1.2. 
(e) 

on 

Study 
measures 
violence against women 

prevention 
combat 

to 

1.2. 
(f) 

Communication  on 
the 
protection  of  the  rights  of 
the child 

- Protection of personal data 

1.2. 
(g) 

Communication  on 
the 
follow-up  measures  to  the 
Work  Programme  for  a 
implementation  of 
better 
the 
protection 
data 
Directive 

13 
14 
15 
16 

Achieved in 2006. 
COM(2006) 367 final. 
Achieved in 2007. 
COM(2007) 87 final. 

EN 

Commission

2006 

√ Achieved 

Several projects have been financed through the programme Daphne II in 2005 on issues 
related to the prevention of violence against women. 

Commission

2005 

√ Achieved13 

On 4 July 2006 the Commission adopted a Communication "Towards an EU Strategy on 
the Rights of the Child"14, which establishes a comprehensive EU approach to effectively 
promote  and  safeguard  the  rights  of  the  child  in  the  European  Union's  internal  and 
external policies and to support Member States’ efforts in this field. 

Commission

200515 

√ Achieved 

The Communication was adopted on 7 March 200716. 

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1.2. 
(h) 

1.2 
(i) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Commission

200517 

√ Achieved  

The Communication was adopted on 2 May 200718. 

Refer to point 3.1. (c) 

Communication  on  PETs 
enhancing 
(privacy 
technologies) 

in 

Proposal  for  legislation  on 
the  protection  of  personal 
the  context  of 
data 
and 
police 
in 
judicial 
criminal matters 

cooperation 

cooperation 

1.3. 

EUROPEAN COURT OF JUSTICE 

1.3. 
(a) 

to 

Justice 

Proposal  on  means 
to 
enable the European Court 
handle 
of 
for  preliminary 
requests 
rulings 
the 
concerning 
area  of  freedom,  security 
and justice 

Commission

200619 

√ Achieved 

The  Council  Decision  2008/79/EC,  Euratom  and  the  Amendments  to  the  Rules  of 
Procedure  of  the  Court  of  Justice  enabling  the  Court  to  deal  more  quickly  with  very 
urgent questions referred for a preliminary ruling were adopted in December 200720 on 
the basis of an initiative of the Court itself.  

17 
18 
19 
20 

Achieved in 2007. 
COM(2007) 228 final. 
Achieved in 2007. 
OJ L 24, 29.1.2008, p. 42 and OJ L 24, 29.1.2008, p. 39. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

1.4. 

EUROPEAN STRATEGY ON DRUGS 

- EU Action Plans on drugs 2005 to 2008 and 2009 to 2012 

State of play3 

EU Action Plan on drugs 
2005 to 2008 

EU Action Plan on drugs 
2009 to 2012 

Commission 

2005 

√ Achieved 

Following  the  endorsement  by  the  Council  of  the  EU  Drugs  Strategy  (2005-2012)  of 
December  200421,  the  Commission  adopted  a  Communication  on  an  EU  Drugs  Action 
Plan (2005-2008) on 14 February 200522. The EU Drugs Action Plan was adopted by the 
Council on 28 June 200523. 

Commission 

2009 

√ Achieved24 

Following  the  endorsement  by  the  Council  of  the  EU  Drugs  Strategy  (2005-2012)  of 
December 2004, the Commission adopted a Communication on an EU Drugs Action Plan 
(2009-20012) on 18 September 200825. The EU Action Plan on drugs was adopted by the 
Council in December 200826.  

21 
22 
23 
24 
25 
26 

Council document 15074/04. 
COM(2005) 45 final. 
OJ C 168, 8.7.2005, p. 1. 
Achieved in 2008. 
COM(2008) 567 final. 
OJ C 326, 20.12.2008, p. 7. 

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No1 

1.4. 
(a) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Continuous  evaluation  of 
the  EU  Action  Plan  on 
drugs 2005 to 2008 

Commission

Annual 

√ Achieved 

Since 2006, the Commission publishes annual reports on the implementation of the EU 
Drugs Action Plan 2005-200827. 

1.4. 
(b) 

Green Paper on the role of 
civil society in formulating 
policies in the drugs field 

Commission

2006 

√ Achieved 

On 26 June 2006 the Commission adopted a Green Paper on the Role of Civil Society in 
Drugs  Policy  in  the  European  Union28.  The  objective  was  to  bring  those  most  directly 
concerned by the drugs problem more closely into the policy process at the EU level by 
launching  a  wide  ranging  consultation  on  how  to  organise  a  structured  and  continuous 
dialogue between the Commission and civil society. The Commission received 65 replies 
to  the  open  consultation  that  followed  the  publication  of  the  Green  Paper.  All  these 
proposals  have  been  carefully  studied  and  the  Commission  has  set  up  a  Civil  Society 
Forum on drugs. 

27 

28 

EN 

For the year 2006, SEC(2006) 1803, Progress Review on the implementation of the EU Drugs Action Plan (2005-2008); for the year 2007, COM(2007) 781 final and 
SEC(2007) 1739; for 2008, SEC(2008) 2456, Report on the Final Evaluation of the EU Drugs Action Plan (2005-2008). 
COM(2006) 316 final. 

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1.4. 
(c) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

on 

the 
Report 
and 
implementation 
functioning 
the 
Framework  Decision  on 
drugs trafficking 

of 

Commission

2007 

• Delayed 

The Commission is expected to submit the first report in 2009. Only 11 Member States 
sent their report on transposition by the deadline of 12 May 2006. 

1.4. 
(d) 

Progress 
report  on  and 
impact  assessment  of  the 
EU  Action  Plan  on  drugs 
2005 to 2008 

1.4. 
(e) 

Communication  on  an  EU 
Action Plan on drugs 2009 
to 2012 

Commission

2008 

√ Achieved 

The achievements of the EU Action Plan on drugs 2005 -2008 were presented in the final 
evaluation of the EU Action Plan on drugs 2005-200829, adopted on 18 September 2008. 

Commission

2009 

√ Achieved30 

The  Commission  presented  the  Communication  on  18  September  200831.  The  Council 
endorsed the EU Action Plan on drugs in December 200832.  

1.5. 

EXTERNAL RELATIONS 

-  Strategy  on  all  the  external  aspects  of  the  Union  policy  on  freedom,  security  and  justice,  based  on  the  measures  developed  in  the  Hague 
programme 

29 
30 
31 
32 

SEC(2008) 2456. 
Achieved in 2008. 
COM(2008) 567 final. 
OJ C 326, 20.12.2008, p. 7. 

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No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

all 

the 
on 
Strategy 
external  aspects  of  the 
Union policy on freedom, 
security 
justice, 
and 
based  on  the  measures 
developed  in  the  Hague 
programme 

1.5.  Communication  on  all  the 
external  aspects  of 
the 
Union  policy  on  freedom, 
justice 
and 
security 
(contribution 
the 
Strategy) 

to 

Council 

2005 

√ Achieved 

The Council adopted the "Strategy for the External Dimension of JHA: Global Freedom, 
Security and Justice" on 12 December 200533. 

Commission

2005 

√ Achieved 

The Commission adopted the Communication “A Strategy on the external dimension of 
the  area  of  Freedom,  Security  and  Justice”34  on  12  October  2005.  Together  with  the 
contribution from the Council’s General Secretariat35, it served as a basis for the Strategy 
for the External Dimension of JHA endorsed by the Council in December 2005. 

33 
34 
35 

Council document 15446/05. 
COM(2005) 491 final. 
Council document 12850/05. 

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Plan2 

Competent 
body 

Deadline 

State of play3 

2. 

STRENGTHENING FREEDOM 

2.1. 

CITIZENSHIP OF THE UNION 

2.1. 
(a) 

2.1. 
(b) 

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

in 

Directive 93/109/EC on the 
the 
right 
vote 
to 
Parliament 
European 
elections,  including  in  the 
new Member States and, if 
appropriate,  proposals  for 
the amendment of the latter 
Directive 

36 
37 
38 

COM(2006) 156 final. 
COM(2006) 790 final. 
COM(2006) 791 final. 

EN 

Commission

2005-2006  √ Achieved 

The third report from the Commission to the Council and the European Parliament on the 
application of Directives 90/364, 90/365 and 93/96 on the right of residence for students, 
economically inactive and retired Union citizens was adopted on 5 April 200636. 

Commission

2005-2006  √ Achieved 

On 12 December 2006 the Commission adopted the Communication "European elections 
2004 - Commission report on the participation of European Union citizens in the Member 
State  of  residence  (Directive  93/109/EC)  and  on  the  electoral  arrangements  (Decision 
76/787/EC as amended by Decision 2002/772/EC, EURATOM)"37and the proposal for a 
Council Directive amending Directive 93/109/EC of 6 December 1993 as regards certain 
detailed  arrangements  for  the  exercise  of  the  right  to  vote  and  stand  as  a  candidate  in 
elections to the European Parliament for citizens of the Union residing in a Member State 
of which they are not nationals38. 

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2.1. 
(c) 

2.1. 
(d) 

2.1 
(e) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Proposal 
facilitate 
to 
diplomatic  and  consular 
protection 

Proposal on provisions and 
conditions  required  for  a 
European 
citizens' 
initiative 

Examination  of  possible 
measures to strengthen and 
to  add  to  the  rights  laid 
down under the citizenship 
provisions  of  the  Treaties 
(Article  22  of 
the  EC 
Treaty) 

Commission

2006 

√ Achieved 

On  28  November  2006  the  Commission  issued  a  Green  Paper  on  the  Diplomatic  and 
Consular  Protection  of  the  Citizen  of  the  Union  in  third  countries39.  The  strategic 
initiative  "Effective  consular  protection  in  third  countries:  the  contribution  of  the 
European Union - Action Plan 2007-2009"40 was adopted on 5 December 2007. 

Commission

2007 

• Delayed 

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

Commission

2008 

√ Achieved 

The Fifth Commission Report on Citizenship of the Union (1 May 2004 – 30 June 2007) 
was adopted on 15 February 200841. 

39 
40 
41 

COM(2006) 712 final. 
COM(2007) 767 final. 
COM(2008) 85 final. 

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No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

- Allowing EU citizens and members of their family to move within the European Union on similar terms to national of a Member State moving 
around or changing their place of residence in their own country 

2.1. 
(f) 

Control  of 
transposition, 
compliance  and  correct 
application  of  Directive 
2004/38/EC 
free 
movement and residence 

on 

2.1. 
(g) 

Report  on  application  of 
90/364/EEC, 
Directives 
and 
90/365/EEC 
93/96/EEC 
free 
movement  and  residence 
and  on  the  situation  of  the 
the  new 
nationals  of 
Member States 

on 

42 
43 

COM(2008) 840 final. 
COM(2006) 156 final.  

EN 

Commission

2006 

√ Achieved 

The  Commission  monitors  closely  the  transposition  of  Directive  2004/38/EC.  Between 
June 2006 and February 2007 the Commission initiated infringement proceedings under 
Article 226 of the EC Treaty against 19 Member States for their failure to communicate 
the text of the provisions of national law adopted to transpose the Directive. Since then, 
as  all  Member  States  have  gradually  adopted  the  transposition  measures,  the 
infringement  proceedings  for  non-communication  have  been  closed.  On  10  December 
2008, the Commission adopted its report on the application of the Directive42.  

Commission

2006 

√ Achieved 

The Third Commission Report on application of the three Directives was published on 5 
April 200643. 

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No1 

2.1. 
(h) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Report  on  application  of 
Directive  2004/38/EC  on 
and 
movement 
free 
residence 
if 
and, 
appropriate,  proposals  for 
the  amendment  of 
the 
Directive  

Commission

2008 

√ Achieved 

The  Commission  published  the  first  implementation  report  of  Directive  2004/38/EC  on 
10 December 200844. 

2.2. 

ASYLUM, MIGRATION AND BORDER POLICY 

 - Framework Programme "Solidarity and Management of Migration Flows" under the new Financial Perspectives 

Programme 
Framework 
"Solidarity 
and 
Management  of  Migration 
the  new 
Flows"  under 
Financial Perspectives 

Commission

2005 

√ Achieved 

The  Commission  proposed  four  funds  under  this  Framework  Programme45  (European 
Refugee  Fund,  External  Borders  Fund,  European  Fund  for  the  Integration  of  Third-
country Nationals and European Return Fund). The funds were adopted in 200746. 

44 
45 
46 

COM(2008) 840 final. 
COM(2005) 123 final/2. 
Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as 
part of the General programme ‘Solidarity and Management of Migration Flows’ and repealing Council Decision 2004/904/EC; Decision No 574/2007/EC of the 
European  Parliament  and  of  the  Council  of  23  May  2007  establishing  the  External  Borders  Fund  for  the  period  2007  to  2013  as  part  of  the  General  programme 
‘Solidarity  and  Management  of  Migration  Flows’;  Council  Decision  2007/435/EC  of  25  June  2007  establishing  the  European  Fund  for  the  Integration  of  third-
country nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’; Decision No 575/2007/EC of the 
European  Parliament  and  of  the  Council  of  23  May  2007  establishing  the  European  Return  Fund  for  the  period  2008  to  2013  as  part  of  the  General  Programme 
‘Solidarity and Management of Migration Flows’. 

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No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

-  Common  analysis  of  migratory  phenomena  in  all  their  aspects  (reinforcing  the  collection,  provision,  exchange  and  efficient  use  of  up-to-date 
information and data) 

2.2 
(a) 

Annual 
migration 
statistics 

reports 
and 

on 
asylum 

European 
Migration 
Network 

2.2. 
(b) 

an  EU 
of 
Adoption 
framework  Regulation  on 
the  collection  of  migration 
and asylum statistics 

Council/Parl
iament 

Ongoing 

√ Achieved 

The  annual  reports  on  migration  and  asylum  statistics  forms  part  of  the  European 
Migration Network's annual work programme. The annual report 2006 has been finalised 
in early 2009, the reports for the years 2007 and 2008 are part of the EMN's 2009 work 
programme. The delays are due to the lack of a proper legal base (and thus funding) in 
2007.  Establishing  of  migration  profiles  for  ACP  countries  as  an  annex  to  Country 
Strategy Papers. Further work on widening the scope of the migration profiles is ongoing. 

2005 

√ Achieved 

Commission

2005 and 
200648 

2.2. 
(c) 

Green  Paper  on  the  future 
of  the  European  migration 
network, possibly followed 
by  a  proposal  establishing 
a  European  Migration 
Monitoring Centre 

47 
48 

OJ L 199, 31.7.2007, p. 23. 
Achieved in 2008. 

EN 

The Council and the European Parliament adopted the Regulation (EC) No 862/2007 on 
Community  statistics  on  migration  and  international  protection  and  (repealing  Council 
Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers) on 11 
July 200747. 

√ Achieved 

The  Commission  presented  the  Green  Paper  on  28  November  200549.  Following  the 
Commission proposal presented on 10 August 2007 for a Council Decision establishing a 
European  Migration  Network50,  the  Council  adopted  on  14  May  2008  the  Decision 
2008/381/EC establishing a European Migration Network51. 

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2.2. 
(d) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Proposal 
information 
migration issues 

for  a  mutual 
on 
system 

Commission

2005 

√ Achieved 

The proposal for a Council Decision on the establishment of a mutual information system 
concerning  Member  States'  measures  in  the  areas  of  asylum  and  immigration  was 
adopted by the Commission on 10 October 2005. The Council Decision 2006/688/EC on 
the  establishment  of  a  mutual  information  mechanism  concerning  Member  States' 
measures in the areas of asylum and immigration was adopted on 5 October 200652. 

2.3. 

COMMON EUROPEAN ASYLUM SYSTEM 

2.3. 
(a) 

Adoption  of 
procedures Directive 

the  asylum 

Council/ 
Parliament 

2005 

√ Achieved 

The  Council  Directive  2005/85/EC  on  minimum  standards  on  procedures  in  Member 
States for granting and withdrawing refugee status was adopted on 1 December 200553, 
following the Commission’s proposal dated 20 September 200054. 

49 
50 
51 
52 
53 
54 

COM(2005) 606 final. 
COM(2007) 466 final. 
OJ L 131, 21.5.2008, p. 7. 
OJ L 283, 14.10.2006, p. 40. 
OJ L 326, 13.12.2005, p. 13. 
COM(2000) 578 final, amended by COM(2002) 326 final/2. 

EN 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Council 

2005 

√ Achieved55 

No1 

2.3. 
(b) 

Conclusion of the so-called 
“parallel  agreements”  with 
Denmark  on  “Dublin  II” 
and “Eurodac” 

- Evaluation of the first phase legal instruments 

2.3. 
(c) 

Monitoring 
transposition 
implementation  of 
phase instruments 

the 
and 
first 

Commission

2005 
ongoing 

Following the Commission’s proposals56, both the agreement with Denmark on Dublin II 
and  Eurodac,  as  well  as  the  protocol  to  the  agreement  with  Norway  and  Iceland  on 
Dublin II, extending its application to Denmark, were signed on 10 March and 25 June 
2005  respectively.  The  Council  adopted  the  Decision  2006/188/EC  and  the  Decision 
2006/167/EC  on  21  February  200657.  On  24  October  2008,  the  Council  adopted  the 
Protocol  between  the  European  Community,  Switzerland  and  Liechtenstein  to  the 
Agreement  with  Switzerland  on  Dublin  II  (Council  Decision  2006/257/CNS).  This 
Protocol  was  needed  in  order  to  create  rights  and  obligations  between  Denmark, 
Switzerland and Liechtenstein. 

√ Achieved 

Full  evaluations  of  the  implementation  of  the  Dublin  system  (Dublin  and  Eurodac 
Regulations)  and  of  the  Reception  Conditions  Directive  were  presented  by  the 
Commission  in  June58  and  November59  2007  respectively.  They  provided  the  basis  for 
the preparation of amendments to those instruments, which were presented in December 
200860.  

55 
56 
57 
58 
59 
60 

Achieved in 2006. 
COM(2004) 594 final and COM(2005) 131 final. 
OJ L 66, 8.3.2006, p. 37 and OJ L 57, 28.2.2006, p. 15. 
COM(2007) 299 final.. 
Available at: http://ec.europa.eu/justice_home/doc_centre/asylum/studies/doc_asylum_studies_en.htm. 
COM(2008) 815 final, Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers 
(Recast); COM(2008) 820 final, Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining 

EN 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

- Second phase of development of a common European asylum system, establishment of  a  common asylum procedure and a uniform status for 
those who are granted asylum or subsidiary protection 

2.3. 
(d) 

2.3. 
(e) 

Proposal  on 
resident 
beneficiaries 
international protection 

long-term 
for 
of 

status 

Commission

2005 

√ Achieved 

The  proposal  for  a  Council  Directive  amending  Directive  2003/109/EC  to  extend  its 
scope to beneficiaries of international protection was adopted on 6 June 200761. 

instruments 
Second-phase 
and  measures 
be 
to 
presented  to  the  Council 
and 
European 
the 
Parliament 

Commission

2010 

The  amendments  to  the  reception  conditions  directive,  to  the  Dublin  and  Eurodac 
regulations and the proposal for a European Asylum Support Office62 have already been 
adopted by the Commission. 

The  amendment  to  the  procedures  and  qualifications  directives  and  the  proposal  for  an 
European resettlement scheme are meant to be adopted by the end of 2009. 

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

2.3. 
(f) 

on 

the 

Study 
processing 
applications  within 
Union 

of 

joint 
asylum 
the 

Commission

2006 

• Delayed 

The  study  was  not  conducted  as  it  was  considered  that  the  timing  was  not  the  most 
appropriate. However, in view of the completion of the second phase of the CEAS, it is 
now foreseen to commission this study in 2009-2010.  

the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless 
person (Recast); COM(2008) 825, Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining 
the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless 
person (Recast). 
COM(2007) 298 final. 
COM(2009) 66 final. 

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62 

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No1 

2.3. 
(g) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

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

Commission

2006 

• Postponed 

The  study  was  not  conducted  as  it  was  considered  that  the  timing  was  not  the  most 
appropriate. However, in view of the completion of the second phase of the CEAS, it is 
now foreseen to commission this study in 2009-2010.  

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

2.3. 
(h) 

2.3. 
(i) 

Establishment of structures 
national 
the 
involving 
the 
asylum  services  of 
for 
Member 
cooperation 
promoting 
(Communication) 

States 

of 

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

63 
64 

Achieved in 2006. 
COM(2006) 67 final. 

EN 

Commission 

2005 

√ Achieved63 

The Communication on “Strengthened practical cooperation - New structures, new 
approaches: improving the quality of decision making in the common European asylum 
system” was adopted on 17 February 200664.  

Commission

√ Achieved 

The  Commission  presented  in  February  2009  the  proposal  for  the  establishment  of  a 
European Asylum Support Office (see point 2.3 (e)).  

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

-  Establishment  of  the  European  Refugee  Fund  (ERF)  2005  to  2013  to  assist  Member  States  in  the  processing  of  asylum  applications  and  in  the 
reception of certain categories of third-country nationals 

2.3. 
(j) 

2.3. 
(k) 

Final  Report 
European Refugee Fund 

on 

the 

Proposal for amending the 
European  Refugee  Fund 
decision  to  assist  Member 
States  in  the  reception  of 
certain categories of third-
country nationals 

Commission

2005 

√ Achieved65 

The Final evaluation of the ERF for the period 2000-200466 was adopted on 8 December 
2006.  

Commission

2005 

√ Achieved67 

The  Council  Decision  2004/904/EC  establishing  the  European  Refugee  Fund  for  the 
period 2005 to 2010 was adopted on 2 December 200468. The Commission presented an 
amended  proposal  for  a  Decision  of  the  European  Parliament  and  the  Council 
establishing  the  ERF  for  the  period  2008  –  2013  as  part  of  General  the  programme 
‘Solidarity  and  Management  of  Migration  Flows’  on  24  May  200669.  The  Decision  No 
573/2007/EC of  the European Parliament and of the Council establishing the European 
Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity 
and  Management  of  Migration  Flows’  and  repealing  Council  Decision  2004/904/EC70 
was adopted on 23 May 2007. 

65 
66 
67 
68 
69 
70 

Achieved in 2006. 
SEC(2006) 1636. 
Achieved in 2006. 
OJ L 381, 28.12.2004, p. 52. 
COM(2005) 123 final /3. 
OJ L 144, 6.6.2007, p. 1. 

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No1 

2.3. 
(l) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Approvals  of  European 
Refugee  Fund  national 
multi-annual programming 

Commission 2005, 2008, 

√ Achieved71 

2011 

All national multi-annual programmes were examined by the Commission and adopted in 
the course of 2005-2006 and 2008-2009.  

2.4. 

LEGAL MIGRATION INCLUDING ADMISSION PROCEDURES 

- Developing policy on legal migration 

2.4. 
(a) 

of 

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

71 
72 

Excluding 2011 actions. 
COM(2008) 610 final. 

EN 

Commission

From 2005 
onwards  

√ Achieved 

Several  meetings  with  the  Member  States  on  the  transposition  and  application  of  the 
existing directives were held in the course of 2005, in particular on family reunification 
(2003/86/EC)  and  on  long-term  resident  status  (2003/109/EC).  In  addition  to  regular 
contact  committee,  in  2007  the  Commission  launched  a  12  month  study  on  the 
conformity checking of measures of Member States to transpose Directives in the area of 
immigration  and  asylum.  The  results  of  this  study  have  been  available  since  October 
2008 and have been used by the Commission as background information in its function 
to ensure, in accordance with Article 226 EC, the proper transposition and application of 
immigration  and  asylum  Directives  in  the  Member  States.  Moreover,  the  results  have 
also  been  used  to  elaborate  the  first  application  report  of  the  family  reunification 
directive presented in October 200872. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

2.4. 
(b) 

Debate  on  Green  Paper  on 
economic migration 

Commission

2005 

√ Achieved 

2.4. 
(c) 

the  basis  of 

the 
On 
outcome  of 
the  public 
consultation  on  the  Green 
Paper 
economic 
migration, presentation of a 
legal 
Policy  Plan 
on 
migration, 
including 
admission procedures 

on 

The Green Paper on an EU approach to managing economic migration was presented on 
11 January 200573 and the deadline for the public consultation was 15 April 2005. Debates 
were held at the JHA Council of February 2005 and the EMPL Council of May 2005. The 
Commission received more than 130 written contributions from all relevant stakeholders 
and  a  public  hearing  was  held  on  14  June  2005.  The  European  Parliament  gave  its 
opinion  in  October  2005;  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions gave their opinions in May 2005.  

Commission Before end 

√ Achieved 

of 2005 

(point 1.4 of 
the Hague 
Program 
me) 

The  Policy  Plan  on  legal  migration  was  adopted  on  21  December  200574.  It  is  a 
comprehensive document containing a set of legislative and operational measures to be 
put  forward  between  2006  and  2009  on:  conditions  of  admission  and  residence  for 
economic  immigrants;  information  building  and  sharing;  integration  measures;  and 
measures  to  be  enacted  in  cooperation  with  the  countries  of  origin.  The  European 
Parliament  adopted  an  own-initiative  report  on  the  policy  plan  in  September  2007 
(Gruber report).  

In accordance with the Policy Plan, in October 2007 the Commission tabled the first two 
of the five legislative proposals announced: a directive on the admission of highly skilled 
migrants ("EU Blue Card")75 and a horizontal framework directive on migrant rights and 
a single application procedure76. Two other proposals on seasonal workers and ICTs are 
expected to be presented in 2009. 

73 
74 

COM(2004) 811 final. 
COM(2005) 669 final. 

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Plan2 

Competent 
body 

Deadline 

State of play3 

2.5. 

INTEGRATION OF THIRD-COUNTRY NATIONALS 

- Establishment of a coherent European framework for integration 

2.5. 
(a) 

a 
Communication 
European  framework  for 
integration 

on 

Commission

2005 

√ Achieved 

The  Communication  on  “A  common  agenda  for  integration:  Framework  for  the 
integration  of  third-country  nationals  in  the  European  Union”  was  adopted  on  1 
September 200577. The conclusions adopted by the JHA Council of 1-2 December 200578 
supported the lines of action contained in this Communication. 

- Promotion of the structural exchange of experience and information integration79 

75 
76 
77 
78 
79 

COM (2007) 637 final, adopted by the Council on 25.5.2009. 
COM (2007) 638 final. 
COM(2005) 389 final. 
Council document 14390/05, p. 36. 
Complementary activities are undertaken in the framework of the European employment strategy and the social inclusion process. 

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Action under the Action 
Plan2 

Competent 
body 

2.5. 
(b) 

Management 
of 
preparatory actions 

INTI 

Commission

Deadline 

2005 to 
2006 

√ Achieved 

State of play3 

The  Commission  received  139  grant  applications  in  response  to  the  INTI  2005  call  for 
proposals. The Commission agreed to co-finance 15 new projects in connection with the 
call for proposals under the INTI 2005 programme to the tune of some EUR 4.3 million. 
The  2006  call  for  proposals  was  launched  during  the  second  semester  of  2006.  The 
Commission  received  150  grant  applications  in  response  to  the  INTI  2006  call  for 
proposals. The Commission agreed to co-finance 12 new projects in connection with the 
call for proposals under the INTI 2006 programme to the tune of some EUR 3.9 million. 
The year 2006 was the last year of the INTI programme. An evaluation on the INTI pilot 
projects/preparatory  actions  2003-2006  was  finalised  in  2008,  which  underlined  the 
overall good results of the programme. 

√ Achieved 

The  first  annual  report  on  immigration  and  integration  was  adopted  on  17  July  200480. 
The second annual report on immigration and integration was adopted on 30 June 200681. 
The third – and so far last – annual report was adopted on 19 September 200782.  

2.5. 
(c) 

reports 

Annual 
immigration 
integration 

on 
and 

Commission

2005 
ongoing 

80 
81 
82 

COM(2004) 508 final.  
SEC(2006) 892. 
COM(2007) 512 final. 

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Action under the Action 
Plan2 

Competent 
body 

Handbook on integration 

Commission

No1 

2.5. 
(d) 

Deadline 

Second 
edition 
2006, 
ongoing 

State of play3 

√ Achieved83 

The  first  edition  of  the  handbook  (November  2004)  was  made  available  in  all  official 
languages on JLS website in the second semester of 200684.  

The  second  edition  of  the  handbook  was  presented  in  May  2007  at  the  occasion  of  the 
second Ministerial Conference on Integration in Potsdam (Germany) and has been made 
available in all official languages at the same internet address.  

A  third  edition  of  the  handbook  is  close  to  finalisation  and  is  expected  to  be  officially 
presented in the course of 2009. 

2.5. 
(e) 

Development  of  a  website 
on integration 

Commission

2006 

√ Achieved85 

The website was launched in April 200986. 

83 
84 
85 
86 

Achieved in 2007. 
Available at: http://ec.europa.eu/justice_home/doc_centre/immigration/integration/doc_immigration_integration_en.htm. 
Achieved in 2009. 
Available at: http://ec.europa.eu/ewsi/. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

2.6. 

FIGHT AGAINST ILLEGAL IMMIGRATION 

State of play3 

EN 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

No1 

2.6. 
(a) 

to 
Contribution 
of 
management 
immigration 
liaison 
networks  in  relevant  third 
countries 

Council/Co
mmission 

2005 
ongoing 

• Delayed 

In October 2006 the Commission presented 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  Member 
States' replies to a Presidency questionnaire, further discussions took place in 2007 and 
2008,  focussing  on  the  possibility  of  greater  FRONTEX  involvement  in  the  further 
development of liaison officer networks. It was agreed to follow a two-phased approach. 
In the first phase, the Commission convened an expert meeting dealing with the use of 
the ICONet (13 November 2008) and will launch another one on the update of the ILO 
Manual (2009). Furthermore, in 2009 the Commission will present a proposal amending 
some articles of the ILO Regulation 377/2004 (including art. 6). In a second phase, the 
Commission  will  discuss  with  Member  States  the  possibilities  to  establish  EU  ILOs 
(looking  after  the  interest  of  a  number  of  Member  States  and/or  EU  bodies  such  as 
FRONTEX). 

√ Achieved 

The first 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 was adopted on 25 October 200487. 

The second annual report was adopted on 19 July 200688.  

The third annual report was adopted on 9 March 200989. 

2.6. 
(b) 

report  on 

Annual 
the 
common  policy  on  illegal 
migration 

Commission

2005 
ongoing 

87 
88 

SEC(2004) 1349. 
SEC(2006) 1010. 

EN 

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2.6. 
(c) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Adoption of a Commission 
Decision  establishing  a 
web-based 
secure 
information  network 
for 
Member  States’  migration 
services (ICONET) 

Commission

2005 

√ Achieved  

The Commission Decision laying down detailed rules for the implementation of Council 
Decision  establishing  a  secure  web-based  information  network  for  Member  States’ 
migration management services (Iconet) was adopted on 15 December 200590. Moreover, 
a  Memorandum  of  understanding  between  the  Commission  and  FRONTEX  concerning 
the development of the ICONet was signed in February 2007, allowing FRONTEX to use 
the  network  in  order  to  perform  its  tasks.  A  similar  Memorandum  was  signed  with 
Europol in January 2008. 

89 
90 

EN 

SEC(2009) 320. 
Commission Decision C(2005) 5159 final of 15 December 2005 laying down detailed rules for the implementation of Council Decision 2005/267/EC establishing a 
secure web-based Information and Coordination Network for Member States' Migration Management Services. 

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2.6. 
(d) 

2.6. 
(e) 

2.6. 
(f) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

signature 
of 

Proposal for the conclusion 
the 
of 
and 
Europe 
Council 
action 
Convention 
in 
against 
human beings (CAHTEH) 

on 
trafficking 

of 

targets 

Realisation  by  Member 
for 
States 
reducing 
informal 
the 
economy  as  set  out  in  the 
employment 
European 
strategy 

by 

the 
Presentation 
Commission  of  a  report 
include 
which 
may 
instruments 
fighting 
against illegal work 

for 

Commission

2005 

•  Postponed 

The proposal  for  the conclusion of the Council of Europe Convention has not been put 
forward  due  to legal  and  institutional  problems.  In  particular,  the  strong  monitoring 
system  of  the  Convention  could  interfere  with  the monitoring of EC  Directives  dealing 
with  the  same  or  related  issues,  and  therefore  jeopardise  the  autonomy  of Community 
law.  

However, internal  consultation  is  underway  with  a  view  to  identifying  a  possible 
solution. 

Member 
States 

√ Achieved  

The Policy Plan on Legal Migration of 21 December 2005 contains several measures to 
address the issue of illegal employment of third-country nationals. More measures have 
been presented in the Communication on illegal immigration in July 200691. Other action 
provided for by the Lisbon Strategy is carried out by Member States in the context of the 
employment strategy and policies.  

Commission

√ Achieved 

Building upon the  Commission Communication on policy priorities in the fight against 
illegal immigration of third country nationals and on the European Council conclusions 
of 15-16 December 200692, a proposal for a Directive on sanctions against employers of 
illegal immigrants was presented in 200793 and was adopted in May 2009. 

91 
92 

COM(2006) 402 final. 
Council document 16879/06. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

-  Establishment  of  an  effective  removal  and  repatriation  policy  based  on  common  standards  and  closer  cooperation  and  mutual  technical 
assistance 

2.6. 
(g) 

Proposal 
procedures  

on 

return 

Commission

2005 

√ Achieved 

2.6. 
(h) 

of 
actions 

Launching 
the 
for 
preparatory 
financial  support  to  return 
management 

On  1  September  2005  the  Commission  tabled  the  proposal  for  a  Directive  on  common 
standards and procedures in Member States for returning illegally staying third-country 
nationals94. The Directive 2008/115/EC on common standards and procedures in Member 
States for returning illegally staying third-country nationals was adopted on 16 December 
200895. 

Commission

2005 

√ Achieved 

The budgetary authority established the relevant budget heading “Preparatory actions for 
a  financial  instrument  for  return  management  in  the  area  of  migration”  in  2005.  The 
Return Preparatory Actions commenced in 2005 with a commitment appropriation of € 
15.000.000  for  grants.  For  2006,  which  was  the  last  year  of  the  Return  Preparatory 
Actions,  €15.000.000  were  allocated,  of  which  €  14.620.000  was  for  grants  and  € 
380.000  for  tenders.  38  projects  were  financed  under  the  2005  and  2006  calls  for 
proposal. 

93 
94 
95 

COM(2007) 249 final. 
COM(2005) 391 final. 
OJ L 348, 24.12.2008, p. 98. 

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2.6. 
(i) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Appointment 
Commission 
Representative 
common 
policy 

of 

a 
Special 
for 
a 
readmission 

Commission

2005 

√ Achieved 

On  24  October  2005  the  Commission  appointed  Karel  Kovanda,  Deputy  Director-
General of DG RELEX, as Special Representative for a common readmission policy, and 
Jean-Louis De Brouwer, Director in DG JLS, as Deputy SR.  

EN 

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No1 

2.6. 
(j) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Conclusion  of  Community 
agreements 
readmission 
and 
of 
management 
existing agreements 

Commission

Timely 

√ Achieved  

Since 2004, 11 readmission agreements have been concluded and have entered into force: 
Hong Kong (1 March 2004), Macao (1 June 2004), Sri Lanka (1 May 2005), Albania (1 
May  2006),  Russian  Federation  (1  June  2007),  Montenegro,  the  former  Yugoslav 
Republic  of  Macedonia,  Serbia,  Bosnia  and  Herzegovina,  Ukraine  and  the  Republic  of 
Moldova  (for  all  of  them,  1  January  2008).  The  negotiations  with  Pakistan  were 
successfully  completed  in  September  2008  and  the  agreement  is  in  the  process  of 
ratification  by  both  sides.  The  negotiations  with  Morocco  and  Turkey  are  still  ongoing 
while  the  negotiations  with  China  and  Algeria  have  not  been  initiated  yet  due  to  the 
refusal to engage from those two countries.  

The  following  Joint  Readmission  Committees  were  convened  with  the  respective 
countries to monitor implementation of the readmission agreements in force: with Russia 
4  meetings;  with  Hong  Kong,  Macau,  Moldova,  1  meeting  with  each;  with  Albania, 
Montenegro,  the  former  Yugoslav  Republic  of  Macedonia,  Serbia,  Bosnia  and 
Herzegovina, 2 meetings  with  each;  with  Ukraine,  3  meetings.  The  meeting  with  Sri 
Lanka is to be convened in the course of 2009. Following the authorisation to negotiate a 
readmission  agreement  with  Georgia  given  by  the  Council  to  the  Commission  in 
November 2008, formal negotiations were opened in April 2009. 

The  Commission  also  presented  recommendations  to  the  Council  for  obtaining 
negotiating guidelines for readmission agreements with Cape Verde. 

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Plan2 

Competent 
body 

Deadline 

State of play3 

2.7. 

EXTERNAL DIMENSION OF ASYLUM AND MIGRATION 

- Cooperation with third countries in managing migration and asylum 

2.7. 
(a) 

on 
Communication 
migration and development 

Commission

2005 

√ Achieved 

2.7. 
(b) 

Revised  version  for  2006 
of  the  reference  document 
of 
AENEAS 
the 
programme 

The  Communication  "Migration  and  Development:  Some  concrete  orientations"  was 
presented  by  the  Commission  on  1  September  200596.  The  Council  supported  the 
Commission  to  give  firm  shape  to  the  orientations  contained  in  the  Communication,  in 
particular as regards migrant remittances, diaspora and brain drain issues, and approved 
conclusions on migration and external relations on 21-22 November 200597. 

2005 

√ Achieved98 

The need to revise the reference document expired as the duration of the Programme was 
limited to three years (2004-2006). Instead, a Communication proposing the creation of a 
thematic programme for the cooperation with third countries in the areas of migration and 
asylum, to replace the AENEAS Programme for 2007-2013, was presented on 25 January 
200699.  This  new  Thematic  Programme  was  established  through  the  adoption  of  the 
Regulation  (EC)  N°1905/2006  of  the  European  Parliament  and  of  the  Council  of  18 
December  2006  establishing  a  financing  instrument  for  development  cooperation100.  In 
June 2007 the Commission adopted the Strategy Paper and the Multi-Annual Indicative 
Programme 2007-2010 for the implementation of the new Thematic Programme.  

96 
97 
98 
99 

COM(2005) 390 final. 
Council document 14769/05. 
To be considered within the framework of the new financial perspectives. 
COM(2006) 26 final. 

EN 

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No1 

2.7. 
(c) 

2.7. 
(d) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Commission

2005 

√ Achieved 

Integration  of  migration  into  the  regional  and  country  strategy  papers  is  an  ongoing 
process. All CSP for the period 2008-2013 have a section on migration and a migration 
profile in the annex for CSP with ACP countries.  

Council 

2005 

√ Achieved 

European Council conclusions were adopted on 15-16 December 2005101. 

Completing  the  integration 
the 
of  migration 
regional 
country 
and 
strategy  papers 
for  all 
relevant third countries 

into 

in  order 

Conclusions 
to 
intensify  Member  States’ 
cooperation  in  preventing 
further loss of life resulting 
from  attempts  to  enter  the 
EU  illegally,  mainly  in  the 
Mediterranean 

100 
101 

OJ L 378, 27.12.2006, p. 41 
Annex I to the Brussels European Council Conclusions of 15-16 December 2005, Council document 15914/1/05 rev 1. 

EN 

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No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

 - Development of EU Regional Protection Programmes 

State of play3 

2.7. 
(e) 

Plan  of  action  for  EU 
Regional 
Protection 
Programmes, including EU 
resettlement scheme 

Commission
/ Council 

2005 

√ Achieved 

The  Commission  adopted  a  Communication  on  Regional  Protection  Programmes  on  1 
September  2005102.  The  Council  supported  the  approach  proposed  in  the  Commission 
Communication  and  recognised  that  such  programmes  are  a  first  step  in  improving 
access to protection and durable solutions for those in need of international protection as 
quickly and as close to their home as possible. The Council supported the proposal made 
in the Communication that pilot Regional Protection Programmes should be considered 
for  the  Western  Newly  Independent  States  (Ukraine,  Moldova  and  Belarus)  and  sub-
Saharan Africa. 

2.7. 
(f) 

Launching  pilot  protection 
programmes 

Commission

2005 

√ Achieved 103 

Pilot  projects  were  started  beginning  2007  in  Tanzania  and  in  the  Western  Newly 
Independent States. 

-  Intensified  cooperation  with  countries  of  transit  to  enable  these  countries  better  to  manage  migration  and  to  provide  adequate  protection  for 
refugees 

102 
103 

COM(2005) 388 final. 
Achieved in 2007. 

EN 

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No1 

2.7. 
(g) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Report  on  progress  and 
in  asylum 
achievements 
and  migration,  within  the 
context  of  the  European 
Neighbourhood Policy 

Commission

2005 

√ Achieved 

A Communication monitoring and evaluating the cooperation with third countries in the 
field of the fight against illegal immigration covering, for example, Morocco, Tunisia and 
Libya was presented on 27 July 2005104. Pilot Mobility Partnership with the Republic of 
Moldova was signed on 5 June 2008 and is being implemented. 

104 

COM(2005) 352 final. 

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No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

2.8. 

BORDER MANAGEMENT, BIOMETRICS, INFORMATION SYSTEMS AND VISA POLICY 

- Abolition of controls on persons at the internal borders 

2.8. 
(a) 

Proposal  on  SIS  II  legal 
instruments 

Commission

2005 

√ Achieved 

The three proposals for legal instruments which will govern the establishment, operation 
and use of the Schengen Information System (SIS II) were adopted by the Commission 
on 31 May 2005105.  

On 20 December 2006, Regulation (EC) No 1986/2006 of the European Parliament and 
of the Council regarding access to the Second Generation Schengen Information System 
(SIS II) by the services in the Member States responsible for issuing vehicle registration 
certificates and the Regulation (EC) No 1987/2006 of the European Parliament and of the 
Council  on  the  establishment,  operation  and  use  of  the  second  generation  Schengen 
Information  System  (SIS II)  were  adopted106.  On  12 June  2007,  the  Council  Decision 
2007/533/JHA  on  the  establishment,  operation  and  use  of  the  second  generation 
Schengen Information System (SIS II) was adopted107.  

The  legal  instruments  governing  SIS  II  were  completed  by  the  adoption  by  the 
Commission  of  the  SIRENE  Manual  and  other  implementing  measures  for  the  second 
generation Schengen Information System (SIS II) in March 2008108.  

105 

106 

COM(2005)  230,  proposal  for  a  Council  Decision  on  the  establishment,  operation  and  use  of  the  second  generation  Schengen  information  system  (SIS  II); 
COM(2005)  236,  proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the  establishment,  operation  and  use  of  the  second  generation 
Schengen information system (SIS II); COM(2005) 237, proposal for a Regulation of the European Parliament and of the Council regarding access to the second 
generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates. 
OJ L 381, 28.12.2006, p. 1 and p. 4 respectively. 

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No1 

2.8. 
(b) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Start  of  evaluation  of  the 
implementation of the non-
SIS II related acquis in the 
new Member States 

Council 

2006 

√ Achieved 

The evaluations have been carried out during 2006-2007. 

107 
108 

OJ L 205, 7.8.2007, p. 63. 
OJ L 123, 8.5.2008, p. 1 and p. 39 respectively. 

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No1 

2.8. 
(c) 

2.8. 
(d) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Evaluation of SIS II related 
acquis in the new Member 
States 
II 
operational) 

(after 

SIS 

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

the 

Commission

2007 

√ Achieved  

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

Council 

2007 

√ Achieved 

Council Decision 2007/801/EC on the full application of the provisions of the Schengen 
acquis  in  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Latvia,  the 
Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of 
Poland, the Republic of Slovenia and the Slovak Republic was adopted on 6 December 
2007109. 

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/JHA110 and Regulation (EC) No 1987/2006111. 

The  proposals  for  a  regulation112  and  a  decision113  on  migration  from  the  Schengen 
Information  System  (SIS  1+)  to  the  second  generation  Schengen  Information  System 
(SIS  II)  were  adopted  on  16  April  2008.  Council  Regulation  (EC)  No 1104/2008  and 
Council Decision 2008/839/JHA were adopted on of 24 October114. 

109 
110 
111 
112 
113 
114 

OJ L 323, 8.12.2007, p. 34. 
OJ L 205, 7.8.2007, p. 63. 
OJ L 381, 28.12.2006, p. 4. 
COM(2008) 197 final. 
COM(2008) 196 final. 
OJ L 299, 8.11.2008, p. 1 and p. 43. 

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No1 

2.8. 
(e) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

existing 

Proposal for supplementing 
Schengen 
the 
evaluation mechanism with 
a supervisory mechanism 

Commission

2007 

√ Achieved115 

The Commission presented a proposal for a regulation (first pillar) and a proposal for a 
decision (third pillar) on a new Schengen evaluation mechanism on 27 February 2009116. 

- Establishment of an integrated management system for external borders 

Commission

2007 

√ Achieved 

The Commission presented the proposal for a Regulation establishing a mechanism for 
the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) 
No 2007/2004 as regards that mechanism on 19 July 2006117. The Regulation (EC) No 
863/2007 was adopted on 11 July 2007118. 

2.8. 
(f) 

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

within 

115 
116 
117 
118 

Achieved in 2009. 
Respectively COM(2009) 102 final and COM(2009) 105 final. 
COM(2006) 401 final. 
OJ L 199, 31.7.2007, p. 30. 

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No1 

2.8. 
(g) 

2.8. 
(h) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Commission

2005 

√ Achieved119 

The  Commission  adopted  the  recommendation  establishing  the  Practical  handbook  for 
border guards (Schengen Handbook) on 6 November 2006120. 

Commission

2007 

√ Achieved121 

The  Commission  submitted  the  report  on  13  February  2008122  as  part  of  the  "border 
package" (which also includes a communication on entry-exit system and on a European 
border surveillance system). 

An  external  evaluation  of  FRONTEX123  was  concluded  in  2009  and  confirmed  the 
positive  results  achieved  by  the  Agency  in  relation  to  the  main  objectives  set  in  the 
founding regulation.  

for 

'Handbook 
border 
guards'  (after  adoption  of 
the  Community  code  on 
the 
the 
rule  governing 
persons 
of 
movement 
across borders) 

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

of 

119 
120 
121 
122 
123 

Achieved in 2006. 
C(2006) 5186 final. 
Achieved in 2008. 
COM(2008) 67 final. 
External evaluation of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, 
available at: http://www.frontex.europa.eu/download/Z2Z4L2Zyb250ZXgvZW4vZGVmYXVsdF9vcGlzeS82Mi8xLzE/cowi_report_final.doc. 

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No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

 - Partial application of the Schengen acquis 

State of play3 

2.8. 
(i) 

2.8. 
(j) 

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

of 

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

of 

Council 

2006 

• Delayed 

The adoption of the Decision is dependant on the possibility for Ireland to access SIS. 

Council 

2005 

• Delayed 

The adoption of the Decision is dependant on the possibility for the United Kingdom to 
access SIS. 

- Coherent approach and harmonised solutions in the EU on biometric identifiers and data 

2.8. 
(k) 

the 
Proposal  modifying 
Consular 
Common 
Instructions 
concerning 
standards  and  procedures 
for  taking  biometric  data, 
including  the  obligation  to 
provide  such  data  and 
specifying the exceptions to 
this obligation 

124 

COM(2006) 269 final. 

EN 

Commission

2005 

√ Achieved 

The proposal for a Regulation of the European Parliament and of the Council amending 
the Common Consular Instructions on visas for diplomatic missions and consular posts in 
relation to the introduction of biometrics including provisions on the organisation of the 
reception and processing of visa applications was adopted by the Commission on 31 May 
2006124. 

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No1 

2.8. 
(l) 

2.8. 
(m) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

fort 

Preparation 
he 
development  of  minimum 
standards  for  national  ID-
cards 

for 

Preparation 
the 
development  of  minimum 
sector-
standards 
specific 
if 
appropriate 

ID-cards, 

for 

Council 

From 2005 
onwards 

√ Achieved  

Several  expert  meetings  were  organised  to  work  on  the  development  of  minimum 
standards,  the  interoperability  of  electronic  signatures  and  the  issuing  procedures. 
Conclusions in the form of a resolution by the representatives of Member States meeting 
within the Council were adopted by the JHA Council of 1 December 2005125. A detailed 
document on minimum security standards for ID was transmitted to the Council in the 1st 
half of 2006. In the absence of a legal basis, Member States adopted these standards in a 
"Resolution  of  the  representatives  of  the  governments  of  the  Member  States  of  the 
European Union" on 4-5 December 2006126. 

Council 

From 2005 
onwards 

√ Achieved  

On 14 April 2005, the Council adopted the Decision 2005/367/EC authorising Member 
States  to  ratify,  in  the  interests  of  the  European  Community,  the  Seafarers'  Identity 
Documents Convention of the International Labour Organisation (Convention 185)127. 

125 
126 
127 

Council document 15000/05. 
Council document 15801/06, p. 40. 
OJ L 136, 30.5.2005, p. 1. 

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No1 

2.8. 
(n) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Widespread 
biometric 
concerning 
documents, 
residence 
citizens' 
passports 
information systems 

use 
of 
identifiers 
travel 
visas, 
permits,  EU 
and 

Commission

From 2006 
onwards 

√ Achieved 

On 18 April 2008, the Council Regulation (EC) No 380/2008 amending Regulation (EC) 
No 1030/2002  laying  down  a  uniform  format  for  residence  permits  for  third-country 
nationals  was  approved,  introducing  the  use  of  image  and  two  fingerprints  in  the 
residence permit for third country nationals128. 

On  18  October  2007  the  Commission  presented  a  proposal  amending  Regulation  (EC) 
No  2252/2004  on  security  standards  and  biometrics  in  travel  documents  issued  by 
Member  States129.  It  aims  at  introducing  exceptions  from  the  requirement  of  taking 
fingerprints for children below a certain age and persons not able to give fingerprints, as 
well  as  introducing  the  principle  "1  person  -1  document".  The  co-decision  procedure 
finished with a compromise proposal which is expected to be adopted in 2009. 

2.8. 
(o) 

on 
Communication 
synergies 
enhanced 
between  SIS  II,  VIS  and 
Eurodac 

Commission

2006 

√ Achieved 

The  Commission  adopted  on  24  November  2006  a  Communication  on  improved 
effectiveness, enhanced interoperability and synergies among European databases in the 
area of Justice and Home Affairs130. 

128 
129 
130 

OJ L 115, 29.4.2008, p. 1. 
COM(2007) 619 final. 
COM(2005) 597 final. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

2.9. 

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

2.9. 
(a) 

2.9. 
(b) 

with 

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

of 

Proposals  relating  to  the 
necessary  amendments  to 
visa 
further 
policies 
the 
establishment  of  common 
for 
application 
visas 

enhance 
and 

centres 

Commission Ongoing – 

Since 2005, the Commission publishes every year a "visa reciprocity report"131. 

to be 
combined 
with the 
review of 
the visa list 

In order to restore reciprocity, the European Commission presented a recommendation to 
the Council to open negotiations on a visa waiver agreement with Brazil.  

Commission

2005 

√ Achieved132 

A  proposal  on  the  introduction  of  biometrics  and  on  common  application  centres  was 
presented by the Commission on 31 May 2006133. 

131 
132 
133 

COM(2006) 3 final; COM(2006) 568 final; COM(2007) 533 final ; COM(2008) 486 final/2; a fifth report will be published in 2009. 
Achieved in 2006. 
COM(2006) 269 final. 

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No1 

2.9. 
(c) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Regular  review  of  the  visa 
list  Regulation  (EC)  No 
539/2001 

Commission

Ongoing 

√ Achieved 

A  Commission  proposal  for  a  Council  Regulation  amending  Regulation  No  539/2001 
was  presented  on  13  July  2006134.Council  Regulation  (EC)  No 1932/2006  amending 
Regulation  (EC)  No 539/2001  listing  the  third  countries  whose  nationals  must  be  in 
possession  of  visas  when  crossing  the  external  borders  and  those  whose  nationals  are 
exempt from that requirement was adopted on of 21 December 2006135. This Regulation 
transferred six third countries from the negative to the positive list, but conditioned the 
lifting of the visa obligation by the entry into force of visa waiver agreements with each 
of these countries. These six agreements have been negotiated in the mean time and the 
Commission  has  submitted  to  the  Council  draft  decisions  in  view  of  signature  and 
conclusion of these agreements with Antigua and Barbuda136, Bahamas137, Barbados138, 
Mauritius, Saint Kitts and Nevis139 and the Seychelles140. 

134 
135 
136 
137 
138 
139 
140 

COM(2006) 84 final. 
OJ L 405, 30.12.2006, p. 23. 
SEC(2008) 198. 
SEC(2008) 199. 
SEC(2008) 200. 
SEC(2008) 202. 
SEC(2008) 203. 

EN 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Commission

2005 

√ Achieved 

The Commission presented a proposal for a Regulation relating to measures envisaged to 
facilitate the procedures for applying for and issuing visas for members of the Olympic 
family taking part in the 2006 Olympic and /or Paralympic Winter Games in Torino on 7 
September  2005141.  On  14 December  2005,  the  Regulation  (EC)  No 2046/2005  was 
adopted142. 

Commission

2005 

√ Achieved 

The Commission adopted the report the functioning of the derogation system introduced 
by  Regulation  1295/2003  regarding  measures  envisaged  to  facilitate  the  procedures  for 
applying for and issuing visas for members of the Olympic family taking part in the 2004 
Olympic or Paralympic Games in Athens on 11 August 2005143. 

Council 

2005 

√ Achieved144 

On 1 June 2006, the Council adopted the Decision 2006/440/EC amending Annex 12 to 
the Common Consular Instructions and Annex 14a to the Common Manual on the fees to 
be charged corresponding to the administrative costs of processing visa applications145. 

No1 

2.9. 
(d) 

2.9. 
(e) 

on 

Proposal 
visa 
facilitation  procedures  for 
members  of  the  Olympic 
Family — Turin 2006 

(EC) 

the 
on 
Report 
of 
implementation 
No 
Regulation 
1295/2003 
"Visa 
facilitation  procedures  for 
members  of  the  Olympic 
Family — Athens 2004" 

2.9. 
(f) 

Proposal  amending 
Common 
Instructions on visa fees 

the 
Consular 

141 
142 
143 
144 
145 

COM(2005) 412 final. 
OJ L 334, 20.12.2005, p. 1. 
SEC(2005) 1051. 
Achieved in 2006. 
OJ L 175, 29.6.2006, p. 77. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

2.9 
(g) 

Proposals on transit 

Commission

2005  

√ Achieved 

On 22 August 2005 the Commission presented the proposal for a decision establishing a 
simplified regime for the control of persons at the external borders based on the unilateral 
recognition by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, 
Poland, Slovenia and Slovakia of certain documents as equivalent to their national visas 
for  the  purposes  of  transit  through  their  territories  and  the  proposal  for  a  decision 
establishing a simplified regime for the control of persons at the external borders based 
on the unilateral recognition by the Member States of certain residence permits issued by 
Switzerland  and  Liechtenstein  for  the  purpose  of  transit  through  their  territory146.  The 
Decisions No 895/2006/EC and No 896/2006/EC were finally adopted 14 June 2006147.  

On  11  September  2007,  after  the  accession  of  Bulgaria  and  Romania  into  the  EU,  the 
Commission presented a revision of the Decisions No 895/2006/EC and 896/2006/EC148. 
The  new  proposals  have  been  adopted  on  17  June  2008  (Decisions  582/2008/EC149  and 
586/2008/EC150). 

146 
147 

148 
149 
150 

COM(2005) 381 final. 
OJ  L  167,  20.6.2006,  p.  1  and  p.  8.  To  take  into  account  the  accession  of  Bulgaria  and  Romania  to  the  EU,  the  two  decisions  were  followed-up  by  Decision 
No 582/2008/EC (OJ L 161, 20.6.2008, p. 30) and Decision No 586/2008/EC (OJ L 162, 21.6.2008, p. 27). 
COM(2007) 508 final. 
OJ L 161, 20.6.2008, p. 30. 
OJ L 162, 21.6.2008, p. 27. 

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2.9. 
(h) 

Action under the Action 
Plan2 

Competent 
body 

Commission

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

Deadline 

2005 
ongoing 

•  Delayed 

State of play3 

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

2.9. 
(i) 

Adoption  of  a  proposal 
establishing  a  regime  on 
local border traffic 

2.9. 
(j) 

Report  on  the  operation  of 
transit 
the  Kaliningrad 
scheme 

151 
152 
153 
154 

COM(2005) 56 final. 
OJ L 405, 30.12.2006, p. 1. 
Achieved in 2006. 
COM(2006) 840 final. 

EN 

Commission

2005 

√ Achieved 

On 23 February 2005, the Commission presented a proposal laying down rules on local 
border  traffic  at  the  external  land  borders  of  the  Member  States  and  amending  the 
Schengen  Convention  and  the  Common  Consular  Instructions151.  The  Regulation  (EC) 
No 1931/2006 laying down rules on local border traffic at the external land borders of the 
Member States and amending the provisions of the Schengen Convention was adopted on 
20 December 2006152. 

Commission

2005 

√ Achieved153 

On  22  December  2006,  the  Commission  adopted  the  Report  on  the  functioning  of  the 
facilitated transit for persons between the Kaliningrad region and the rest of the Russian 
Federation154. 

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Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

No1 

2.9. 
(k) 

Kaliningrad Facility155 

2.9. 
(l) 

Schengen facility for seven 
Member States 

Commission
/ Lithuania 

Commission
/ seven 
beneficiary 
Member 
States 

Ongoing 

√ Achieved 

Final payment was made in 2008.  

2004/2006  √ Achieved156 

The seven Commission Decisions on the financial contribution of the Schengen facility 
were adopted in 2004157; the seven Schengen Facility Financing Decisions were adopted 
in 2005158; the seven Schengen Facility Financing Decisions were adopted in 2006159. 

155 

156 
157 

158 

159 

The Kaliningrad Facility will be 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". 
Achieved in 2006. 
C(2004) 4439 for Estonia, C(2004) 4872 for Hungary, C(2004) 4867 for Latvia, C(2004) 4471 for Lithuania, C(2004) 4874 for Poland, C(2004) 4873 for Slovakia, 
C(2004) 4437 for Slovenia.  
C(2005) 5686 for Estonia, C(2005) 5693 for Hungary, C(2005) 5826 for Latvia, C(2005) 5699 for Lithuania, C(2005) 5702 for Poland, C(2005) 5824 for Slovakia, 
C(2005) 5706 for Slovenia. 
C(2006) 4941 for Lithuania, C(2006) 5086 for Latvia, C(2006) 5344 for Slovakia, C(2006) 6431 for Slovenia, C(2006) 6471 for Estonia, C(2006) 6596 for Poland 
and C(2006) 6733 for Hungary.  

EN 

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EN 

 
  
                                                 
No1 

2.9. 
(m) 

Action under the Action 
Plan2 

Competent 
body 

Commission

countries 
of 

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

in 
the 

a 

Deadline 

2005 to 
2009 

√ Achieved 

State of play3 

The  Commission  has  negotiated  visa  facilitation  agreements  with  eight  third  countries: 
Russia, Ukraine, the Republic of Moldova, Albania, Bosnia and Herzegovina, the former 
Yugoslav  Republic  of  Macedonia,  Serbia  and  Montenegro,  back-to-back  with 
readmission agreements (see 2.6(j)). The agreement with Russia entered into force on 1 
June 2007 and the other agreements on 1 January 2008. . These agreements provide for 
simplification  of the visa procedures for citizens of these countries wishing to travel to 
the  EU  for  short  stays.  Following  the  authorisation  to  negotiate  a  visa  facilitation 
agreement  with  Georgia  given  by  the  Council  to  the  Commission  in  November  2008, 
formal  negotiations  should  be  opened  in  2009.  In  November  2008,  the  Commission 
recommended  the  opening  of  negotiations  on  visa  facilitation  agreement  with  Cape 
Verde in the framework of the EU's pilot Mobility Partnership with Cape Verde.  

2.9. 
(n) 

Proposal  on  the  review  of 
the  Common  Consular 
Instructions,  concerning  in 
particular  local  consular 
cooperation 

Commission

2006 

√ Achieved 

A proposal for a Regulation establishing a Community code on visas was presented by 
the  Commission  on  28  July  2006160.  Adoption  by  the  European  Parliament  and  the 
Council is foreseen for 2009. 

160 

COM(2006) 403 final. 

EN 

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EN 

 
  
                                                 
No1 

2.9. 
(o) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

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

Commission

2006 

• Delayed 

The  initial  Council  Decision  (2004/512/EC)  of  8  June  2004  establishing  the  Visa 
Information  System  (VIS)161  established  the  VIS  as  a  system  for  the  exchange  of  visa 
data  between  Member  States.  For  the  technical  implementation  of  the  VISA  it  was 
necessary to define the purpose, the functionalities and responsibilities for the VIS, and 
to establish the conditions and procedures for the exchange of visa data between Member 
States  to  facilitate  the  examination  of  visa  applications  and  related  decisions.  In  this 
respect the Commission presented on 28 December 2004 a proposal for a Regulation of 
the  European  Parliament  and  of  the  Council  concerning  the  Visa  Information  System 
(VIS) and the exchange of data between Member States on short stay-visas162. Regulation 
(EC) No 767/2008 was adopted on 9 July 2008163. 

As regards the technical implementation, 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" by December 2009. The date for the 
start  of  operations  will  depend  upon  the  readiness  of  the  Member  States.  The 
Commission has published 4 VIS progress reports since 2005164. 

161 
162 
163 
164 

OJ L 213, 15.6.2004, p. 5. 
COM(2004) 835 final. 
OJ L 218, 13.8.2008, p. 60. 
In 2005, SEC(2005) 339; in 2006, SEC(2006) 610; in 2007, SEC(2007) 833; in 2008, COM(2008) 714 final. 

EN 

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EN 

 
  
 
                                                 
No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

2.9. 
(p) 

Proposal on the creation of 
common visa offices 

Commission

2007 

√ Achieved 

In order to create the legal basis for Member States to organize their consular offices and 
giving a legal framework for taking the mandatory biometric identifiers (the facial image 
and  fingerprints)  from  visa  applicants  for  the  Visa  Information  System  (VIS),  an 
amendment  to  the  Common  Consular  Instructions  envisaging  the  possibility  of  the 
establishment  of  common  application  centres  was  submitted  by  the  Commission  on  31 
May 2006165.  

3. 

STRENGTHENING SECURITY 

- Framework Programme "Security and Safeguarding Liberties" under the new Financial Perspectives (2005) 

3. 
(a) 

a 

Proposal  for  a  decision 
establishing 
specific 
on 
Programme 
"Prevention  of  and  fight 
against crime" 

Commission

2005 

√ Achieved 

The  Commission  adopted  the  proposal  on  6  April  2005166.  The  Council  Decision 
2007/125/JHA establishing for the period 2007 to 2013, as part of General Programme on 
Security  and  Safeguarding  Liberties,  the  Specific  Programme  "Prevention  of  and  Fight 
against Crime" was adopted on 12 February 2007167. 

165 
166 
167 

COM(2006) 269 final. 
COM(2005) 124 final. 
OJ L 58, 24.2.2007, p. 7. 

EN 

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EN 

 
  
                                                 
No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

3. 
(b) 

3.1. 

3.1. 
(a) 

a 

Proposal  for  a  decision 
specific 
establishing 
programme 
on 
"Prevention,  preparedness 
consequence 
and 
management of terrorism” 

Commission

2005 

√ Achieved 

The  Commission  adopted  the  proposal  on  6  April  2005168.  The  Council  Decision 
2007/124/EC,  Euratom  establishing  for  the  period  2007  to  2013,  as  part  of  General 
the  Specific  Programme 
Programme  on  Security  and  Safeguarding  Liberties, 
"Prevention,  Preparedness  and  Consequence  Management  of  Terrorism  and  other 
Security related risks" was adopted on 12 February 2007169. 

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

Council/ 
Parliament 

with 
of 

Adoption  of  a  legislative 
instrument on the retention 
of  data  processed 
in 
the 
connection 
public 
provision 
electronic  communication 
services  for  the  detection, 
investigation 
and 
prosecution  of  criminal 
offences 

2005 

√ Achieved 

On  the  basis  of  the  Commission  proposal  of  21  September  2005170,  the  Directive 
2006/24/EC  on  the  retention  of  data  generated  or  processed  in  connection  with  the 
provision  of  publicly  available  electronic  communications  services  or  of  public 
communications  networks  and  amending  Directive  2002/58/EC  was  adopted  on 
15 March 2006171. 

168 
169 
170 
171 

COM(2005) 124 final. 
OJ L 58, 24.2.2007, p. 1. 
COM(2005) 438 final. 
OJ L 105, 13.4.2006, p. 54. 

EN 

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EN 

 
  
                                                 
No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

- Availability principle and protection of personal data 

State of play3 

3.1. 
(b) 

3.1. 
(c) 

on 

the 
Proposal 
establishment 
a 
principle  of  availability  of 
law  enforcement  relevant 
information 

of 

Proposal  on  adequate  safe 
guards  and  effective  legal 
remedies for the transfer of 
personal  data 
the 
purpose  of  police  and 
judicial 
in 
criminal matters 

cooperation 

for 

Commission

2005 

√ Achieved 

The  proposal  for  a  Framework  Decision  on  the  exchange  of  information  under  the 
principle of availability was adopted on 12 October 2005 by the Commission172. 

Commission

2005 

√ Achieved 

The  Commission’s  proposal  for  a  Council  Framework  Decision  on  the  protection  of 
personal data processed in the framework of police and judicial cooperation in criminal 
matters was adopted on 4 October 2005173. The Framework Decision 2008/977/JHA was 
adopted on 27 November 2008174 by the Council. 

172 
173 
174 

COM(2005) 490 final. 
COM(2005) 475 final. 
OJ L 350, 30.12.2008, p. 60. 

EN 

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EN 

 
  
                                                 
No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

3.1 
(d) 

Adoption of a proposal for 
a  Framework  Decision  on 
simplifying the exchange of 
and 
information 
law 
intelligence  between 
enforcement  authorities  of 
the  Member  States  of  the 
EU  

3.1. 
(e) 

Proposal on access by law 
enforcement to the VIS 

Council 

2005 

√ Achieved 

On  4  June  2004,  a  Swedish  initiative  for  the  simplification  of  the  exchange  of 
information and intelligence between law enforcement authorities of the Member States 
of  the  European  Union  was  presented.  On  the  basis  of  this  initiative,  the  Council 
Framework Decision 960/2006/JHA was adopted on 18 December 2006175. 

Commission

2006 

√ Achieved 

On  24  November  2005,  the  Commission  presented  a  proposal  for  a  Council  Decision 
concerning access for consultation of the Visa Information System (VIS) by designated 
authorities  of  Member  States  and  by  Europol  for  the  purposes  of  the  prevention, 
detection and investigation of terrorist offences and of other serious criminal offences176. 
The Council Decision 2008/633/JHA was adopted on 23 June 2008177. 

175 
176 
177 

OJ L 386, 29.12.2006, p. 89. 
COM(2005) 600 final. 
OJ L 218, 13.8.2008, p. 129. 

EN 

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EN 

 
  
                                                 
No1 

3.1. 
(f) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Development 
Europol 
System 

of 

the 
Information 

Europol 

2006 

√ Achieved 

Europol  has  developed  the  Europol  Information  System  (IS),  which  is  available  in  the 
Member States since October 2005. The system means that a limited number of relevant 
data  –  including  personal  data  –  will  be  passed  on  by  national  police  authorities.  The 
Information  System  is  available  to  all  Member  States’  Liaison  Bureaux,  the  Europol 
National Units and Europol SC Units.  

Pursuant to the entry into force of the 2003 Protocol ("Danish protocol") amending the 
Europol  Convention,  the  possibility  is  given  to  Member  States  to  allow  access  to  IS  to 
some  designated  national  competent  authorities  on  a  hit/no  hit  basis.  Furthermore,  to 
improve  their  contribution  to  the  IS,  a  number  of  Member  States  have  automatic  data 
loaders in place, and 8 more are willing to create IS data loaders.  

However,  after  3  years  of  operation,  the  usage  of  the  IS  is  still  low  although 
improvements in the volume of contributions took place in 2008. The IS Strategy 2008-
2012 identified concrete obstacles as to why the system is not sufficiently used and set 
objectives in order to improve the situation. In October 2008, the IS Improvement Project 
was set up to improve the added value and the usage of the IS by the end of 2009.  

EN 

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EN 

 
  
 
No1 

3.1. 
(g) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

of 

Development 
links 
between  the  SIS  II  and  the 
Europol 
information 
system 

2007 

• Delayed 

Europol  has  been  connected  to  the  SIS  II  testing  environment.  Once  SIS  II  will  be 
operational, Europol will have read-only access rights, in accordance with the SIS II legal 
framework 

EN 

- 59 - 

EN 

 
  
 
No1 

3.1. 
(h) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

of 

Implementation 
the 
principle  of  availability, 
concerning  the  following 
areas: 

Commission
/Council 

2006 (2005 
for DNA) 

-  DNA 

-  fingerprints 

-  ballistics 

-  telephone numbers 

-  vehicle registrations 

-  civil registers 

State of play3 

• Ongoing  

See also 3.1(b). The Commission presented a proposal for a Framework Decision on the 
implementation  of  the  principle  of  availability178  and  a  proposal  for  a  Framework 
Decision  on  the  protection  of  data  that  are  exchanged  under  this  principle  in  the 
framework  of  police  and  judicial  cooperation  in  criminal  matters179  in  October  2005. 
Only the latter Framework Decision was adopted180. 

The  Commission  supported  the  initiative  of  Germany181  and  other  signatories  of  the 
Prüm Treaty to transform this Treaty into a Council Decision. The Council adopted the 
Decision  2008/615/JHA  on  the  stepping  up  of  cross-border  cooperation,  particularly  in 
combating  terrorism  and  cross-border  crime  and  the  correlated  Decision  2008/616/JHA 
on  the  implementation  of  Decision  2008/615/JHA  on  the  stepping  up  of  cross-border 
cooperation,  particularly  in  combating  terrorism  and  cross-border  crime  on  23  June 
2008182. 

The  Prüm  Decision  establishes  the  possibility  for  law  enforcement  authorities  to  gain 
direct  access  on  a  "hit  /no-hit"  basis  to  decentralised  DNA  and  fingerprint  databases 
enabling  them  to  find  out  whether  DNA  or  fingerprint  records  exist  –  subsequently 
followed by a request for additional information on the contents of the records thorough 
mutual  legal  assistance  arrangements  –  and  full  online  access  to  vehicle  registration 
databases.  The  exchange  of  DNA,  Fingerprints  and  Vehicle  registration  data  is  to  be 
implemented by 26 August 2011. Implementation of principle of availability concerning 
the  other  three  data  categories  is  not  likely  to  follow  before  major  progress  on  point 
3.1(k) has been made. 

178 
179 

COM(2005) 490 final. 
COM(2005) 475 final. 

EN 

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EN 

 
  
                                                 
No1 

3.1. 
(i) 

3.1. 
(j) 

3.1. 
(k) 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

Communication 
on 
synergies 
enhanced 
between  SIS  II,  VIS  and 
Eurodac 

Proposal 
for  a  general 
Community architecture on 
forensic/police databases 

Definition of a policy for a 
coherent  approach  on  the 
development 
of 
information  technology  to 
collection, 
support 
storage, 
processing, 
analysis  and  exchange  of 
information 

the 

Commission

2006 

√ Achieved 

Refer to point 2.8(o). 

Commission

2008 

• Not relevant anymore 

No relevant anymore because of the adoption of the Prüm Treaty. 

Commission

2005 

•  Ongoing 

The Communication on improved effectiveness, enhanced interoperability and synergies 
among European  databases in the area of Justice and Home Affairs was adopted on 24 
November  2005183.  The  discussion  on  the  general  policy  for  a  development  of 
information management strategy is ongoing.  

180 
181 

182 
183 

OJ L 350, 30.12.2008, p. 60. 
Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision 2007/…/JHA of … on the implementation of Decision 2007/…/JHA 
on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, OJ C 267, 9.11.2007, p. 4.  
OJ L 210, 6.8.2008, p. 1 and p. 12. 
COM(2005) 597 final. 

EN 

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EN 

 
  
                                                                                                                                                                                                                                           
No1 

Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

- Exchange of data on PNR 

3.1. 
(l) 

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

3.1. 
(m) 

Joint  review  on  the  Air 
Passengers  Data 
(PNR) 
Agreement with the USA 

Commission

2005 

√Achieved 

The Commission adopted the proposal for a Council Framework Decision on the use of 
Passenger Name Record (PNR) for law enforcement purposes on 6 November 2007184 as 
part of its Counter Terrorism Package. Discussions in Council have started in February 
2008. 

Commission

2005 

√ Achieved 

During 2005 an EU team undertook a review of the 2004 PNR agreement with the US on 
the transfer of PNR data. The EU team concluded that the US authorities had applied the 
agreement, and in particular the Undertakings in which they had given to process PNR 
data  from  the  EU  under  certain  conditions  in  a  satisfactory  manner,  and  that  they  had 
made a number of recommendations. Following the ruling of the Court of Justice of 30 
May  2006185  in  which  the  Court  annulled  the  Council  and  Commission  decisions 
(respectively  2004/496/EC  and  2004/535/EC)  allowing  entering  into  force  of  the  2004 
agreement, the EU decided to negotiate an interim agreement that became applicable in 
October 2006 and lasted until July 2007. The EU signed in July 2007 a long term PNR 
agreement with the United States, thus ensuring that there was no loophole once the 2006 
interim PNR agreement expired. It is provisionally applicable and will enter into force as 
soon as all Member States have finalised domestic consultation procedures. A review of 
the 2007 US PNR agreement is scheduled for 2009. 

184 
185 

COM(2007) 654 final. 
C-317/04 and C-318/04. 

EN 

- 62 - 

EN 

 
  
                                                 
Action under the Action 
Plan2 

Competent 
body 

Deadline 

State of play3 

No1 

3.1. 
(n) 

Completion of negotiations 
of  PNR  agreements  with 
and  Australia 
Canada 
(2005),and  with 
other 
countries if necessary 

3.1. 
(o) 

Definition  of  international 
guidelines  ensuring  a  high 
degree  of  protection  of 
privacy  for  access  to  PNR 
data  in  the  framework  of 
International  Civil 
the 
Aviation 
Organisation 
(ICAO) 

186 
187 
188 

COM(2005) 200 final. 
SEC(2004) 99. 
Circular 309. 

EN 

Commission

2005 

√ Achieved 

Following  the  Commission’s  proposal  dated  19  May  2005186,  the  negotiations  with 
Canada were completed with the adoption of the Council International Agreement on 18 
July  2005  and  Commission  Adequacy  Decision  on  6  September  2005.  The  agreement 
entered into force on 22 March 2006. In November 2008 a joint review of the operation 
of  the  agreement  was  carried  out.  The  results  of  the  joint  review  will  be  presented  in 
2009.  

Negotiations with Australia for an EU – Australia PNR agreement started on 11 March 
2008 after Council issued a mandate on 28 February 2008. The agreement providing for 
transfer from the EU to Australia of PNR data was signed in Brussels on 30 June 2008 
and  became  provisionally  applicable  from  that  date.  The  Agreement  will  be  valid  for 
seven  years.  Since  the  agreement  became  applicable  as  from  30  June  2008,  no  joint 
review to assess its implementation has been held yet. 

Commission  

√ Achieved 

A Commission staff working paper was issued on 26 January 2004187. On 9 June 2005, 
the ICAO adopted international PNR Guidelines, taking into account the proposals from 
the  Commission.  In  April  2006,  a  circular  based  on  the  ICAO  Management  Board  has 
been published188.  

- 63 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

3.2. TERRORISM 

- Further development of an overall approach to combat terrorism 

3.2. 
(a) 

Further  implementation  of 
the  EU  Action  Plan  on 
Combating Terrorism 

Commission
/Council/ 
European 
Parliament 

The Commission adopted: 

-  the  Decision  on  financing  a  Pilot  Project  on  the  “Fight  Against  Terrorism”  on 
15 September 2005189; 
-  the  decision  on  the  use  of  the  VIS  by  authorities  responsible  for  internal  security  on 
23 November 2005190; 
- the revised Action Plan on Terrorism on 30 November 2005191. 

Moreover,  the  Commission  proposed  an  amendment  to  the  Framework  Decision  on 
combating terrorism, adopted by the Council in 2008192; as well as an EU Action Plan on 
Enhancing the Security of Explosives which was adopted by the Council in April 2008193, 
following a 2007 Commission proposal194. 

3.2. 
(b) 

Follow-up 
the  pilot 
to 
project in favour of victims 
of terrorism 

Commission

2006 

√ Achieved  

On 7 July 2006, preparatory actions for the victims of terrorist acts were launched with 
the  call  for  proposals.  In  December  2006 
1.8M  €  earmarked  for  grants  resulting  from 

189 
190 
191 
192 
193 
194 

C(2005) 3179. 
COM(2005) 600 final. 
SEC(2005) 1585. 
OJ L 330, 9.12.2008, p. 21-23. 
ENFOPOL 69, 8109/08. 
COM(2007) 651 final. 

EN 

- 64 - 

EN 

 
  
 
 
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

proposals  were  selected  for  co-financing.  Since  then,  projects  supporting  victims  of 
terrorism  have  been  financed  from  the  general  financial  programmes,  amongst  others 
concerning the creation of a network of associations for victims of terrorism. 

Commission
/Council 

2005 

√ Achieved 

Decision  2005/671/JHA  on  the  exchange  of  information  and  cooperation  concerning 
terrorist  offences,  adopted  on  20  September  2005195  on  the  basis  of  the  Commission 
proposal of 29 March 2004196, provides for the establishment of contact points regarding 
terrorist criminal offences.  

Commission
/Council 

2005 
examination 

2006 
proposal 

√ Achieved 

After looking at the necessity and feasibility of setting up a European Law enforcement 
network  (LEN),  it  was  decided  to  abandon  this  initiative  since  it  would  not  provide 
sufficient added value to existing networks.  

3.2. 
(c) 

3.2. 
(d) 

of 
Reinforcement 
the 
cooperation  between 
competent  authorities 
to 
combat  terrorism  through 
of 
development 
the 
specialised  contact  points 
in  Member  States,  which 
will  have  access 
to  all 
necessary  information  and 
intelligence with respect to 
terrorist 
activities 
involving  persons,  groups 
or entities 

of 

setting-up 

Examination 
the 
necessity  and  feasibility  of 
the 
a 
European  law  enforcement 
network 
the 
(LEN) 
fight  against  terrorism  and 
if  necessary  proposal  for 

for 

of 

195 
196 

OJ L 253, 29.9.2005, p. 22. 
COM(2004) 221 final. 

EN 

- 65 - 

EN 

 
  
 
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

its setting up 

3.2. 
(e) 

Communication  on  greater 
security 
explosives, 
of 
bomb-making equipment 

3.2. 
(f) 

of 

the 
Communication 
Commission  on  violent 
radicalisation  and  strategy 
on 
of 
the 
and 
radicalisation 
recruitment  

Council 

Commission

2005 

√ Achieved 

The Commission’s Communication was adopted on 18 July 2005197. The first important 
follow-up  was  a  conference  organised  by  the  Commission  bringing  together  all  major 
stakeholders to brainstorm on a long-term plan for making explosives more secure. The 
Council  adopted  the  Action  Plan  on  Enhancing  the  Security  of  Explosives  on  18  April 
2008198,  following  a  2007  Commission  proposal199.  As  part  of  its  implementation,  a 
Standing Committee on Precursors, composed of experts from both the public and private 
sector, was set up. 

Commission

2005 

√ Achieved 

On  21  September  2005,  the  Commission  presented  the  Communication  "Terrorist 
recruitment:  addressing  the  factors  contributing  to  violent  radicalisation"200.  The 
Commission’s  Communication  served  as  a  basis  for  the  EU  Strategy  on  Combating 
Radicalisation and Recruitment201 adopted on 12 December 2005 and updated in 2008202. 

3.2. 
(g) 

Proposal 
misuse 

for  preventing 
charitable 
of 

Commission

2006 

√ Achieved 

197 
198 
199 
200 
201 
202 
203 

COM(2005) 329 final. 
ENFOPOL 69 8109/08. 
COM(2007) 651 final. 
COM(2005) 313 final. 
Council document 14781/1/05 rev 1. 
Council document 15175/08. 
COM(2005) 620 final. 

EN 

- 66 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

organisations 
financing of terrorism 

for 

the 

3.2. 
(h) 

Communication  on  results 
of 
the  peer  evaluation 
mechanism  on  terrorism  in 
the 25 Member States 

Council 
Secretariat 
General 

3.2. 
(i) 

Identification  of  need  and 
scope for legal instruments 
to  ensure  that  all  Member 
States  can  freeze  assets  of 
designated  persons  on  a 

Council / 
Commission

204 
205 

Council document 14694/05. 
OJ L 139, 29.5.2002, p. 9. 

EN 

On  29  November  2005,  the  Commission adopted a Communication203on the Prevention 
of and Fight against Terrorist Financing through enhanced national level coordination and 
greater  transparency of the  non-profit sector. In December 2005, the Council agreed on 
five principles that should be taken into account when implementing measures aimed at 
preventing terrorist abuse of the non-profit sector204. These principles, together with the 
Commission,  FATF  Interpretative  Note  to  Special  Recommendation  VIII  adopted  in 
2006, and two studies related to this issue provide a basis for further Commission policy 
development. 

2006/2007  √ Achieved 

During 2006 in the framework of the first round of peer evaluation on counter-terrorism 
measures, the Member States responded to the recommendations of the evaluation teams. 
A report was drafted by the Council General Secretariat on the basis of the answers of the 
Member States. The report was approved in the Terrorism Working Party in March 2007. 
The implementation of the recommendations included in the report is being taken forward 
by  the  Member  States.  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 

√ Achieved 

The  EU  regime  implementing  UN  Security  Council  Resolution  1390  (2002)  on  the 
freezing of funds of persons and entities associated with Usama bin Laden, the Al-Qaida 
network and the Taliban is based on Council Regulation (EC) No 881/2002205. Following 

- 67 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

basis 

preventive 
in 
accordance  with  Special 
Recommendations  of  the 
Financial  Action  Task 
Force 

3.2. 
(j) 

to 

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

3.2. 
(k) 

Development of the ATLAS 
cooperation  and  its  legal 
framework 

new  decisions  by  the  UN  to  list  persons  and  entities,  the  annex  to  this  Regulation has 
been amended various times by Commission Regulations. In addition, following the Kadi 
judgment of the European Court of Justice206 and to ensure continuation of freezing, the 
Commission has proposed to amend Council Regulation207. 

Commission

2007 

√ 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 and other authorities was 
adopted  on  1  September  2006208,  as  well  as  a  Green  Paper  on  bio-preparedness209  was 
adopted on 11 July 2007. Currently work is on-going to prepare a comprehensive CBRN 
package by the summer of 2009, following the work of a public-private task force during 
2008. 

Commission

2006 

√ Achieved  

The  Council  Decision  2008/617/JHA  on  the  improvement  of  cooperation  between  the 
special  intervention  units  of  the  Member  States  of  the  European  Union  in  crisis 
situations210 was adopted by the Council on 23 June 2008.  

3.2.  Build  capacity 

in 

third  Commission  

√ Achieved  

206 

207 
208 
209 
210 

Joined Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council of the European Union and Commission of the 
European Communities.  
COM(2009) 187 final. 
COM(2006) 474 final. 
COM(2007) 399 final.  
OJ L 210, 6.8.2008 p. 73. 

EN 

- 68 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

(l) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

countries  to  fight  terrorism 
and  appropriate  clauses  on 
the 
counter-terrorism 
agreements 
be 
concluded  by  EU/EC  with 
third countries  

to 

in 

The Commission is sustaining institutional/capacity-building measures in third countries 
in  the  fields  of  justice,  freedom  and  security  which,  at  the  same  time,  contribute  to 
fighting  against  terrorism  (e.g.  justice,  police,  money-laundering,  etc.).  A  standard 
counter-terrorism  clause  is  systematically  part  of  all  agreements  under  negotiation  or  to 
be concluded and of the European Neighbourhood Policy Action Plans211.  

3.2. 
(m) 

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

Commission  

√ Achieved  

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,  explosives  and  CBRN,  where  public-private  Task-Forces  were 
instrumental in the preparation of the respective Action Plans 

- 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 

Commission

2005 
(report) 

2006 

√ Achieved212 

Adopted  as  part  of  the  Counter-Terrorism  Package  on  6  November  2007213,  the  report 
evaluated the implementation of EU 25 and noted that, although most Member States had 

211 

212 

The revised Cotonou Partnership Agreement and the Joint Council-Commission Declaration on financial and technical assistance in the area of cooperation in the 
fight  against  terrorism  stipulate  that  targeted  assistance  to  strengthen  ACP  countries'  ability  to  counter  terrorism  must  be  financed  by  resources  other  than  those 
intended  for  the  financing  of  ACP-EC  development  cooperation.  See  also  Article  11a,  known  as  the  "counter-terrorism  clause”  inserted  in  the  Revised  Cotonou 
Partnership Agreement. 
Achieved in 2007. 

EN 

- 69 - 

EN 

 
  
 
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

13.6.2002  on  combating 
terrorism and evaluation 

(evaluation) 

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 

3.3. 
(a) 

on 
Communication 
developing  a  strategy  on 
tackling organised crime 

Commission

2005 

√ Achieved 

The Commission adopted its Communication “Developing a strategic concept on tackling 
organised crime” on 2 June 2005214. The Communication identifies five areas of priority 
action  in  the  field  of  organised  crime:  knowledge,  prevention,  cooperation  and 
information exchange  among  law enforcement agencies, development of legislation and 
cooperation with third countries and international organisations.  

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

3.3. 
(b) 

Communication 
an 
action  plan  —  EU  crime 
statistics 

on 

3.3. 
(c) 

Commission 
paper 
on 
intelligence-led 

working 
criminal 
law 

213 
214 
215 
216 

COM(2007) 650 final. 
COM(2005) 232 final. 
Achieved in 2006. 
COM(2006) 437 final. 

EN 

Commission

2005 

√ Achieved215 

The  Communication  "Developing  a  comprehensive  and  coherent  European  Union 
strategy  to  measure  crime  and  criminal  justice:  an  EU  action  plan  2006-2010"  was 
adopted on 7 August 2006216 and is being implemented. 

Commission

2005 

•  Not relevant anymore 

Following examination of the matter, the Commission considered that this action should 

- 70 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

enforcement 

no longer be pursued as this is an issue for Member States' action. 

3.3. 
(d) 

for 

Recommendation 
a 
standard  methodology  for 
vulnerability 
crime 
proofing  

in 

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.  

3.3 
(e) 

Presentation  of  a  European 
crime report 

Commission

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 justice. In this light, the feasibility of producing a 'credible' EU crime report is a 
priority consideration when the Action Plan final implementation report will be produced 
in  the  middle  2010,  additional  funding  has  been  requested  under  the  2010  ISEC 
programme to pilot this project. 

3.3 
(f) 

Organised  Crime  Threat 
Analysis 
by 
Europol  

(OCTA) 

Europol 

As of 2006  √ Achieved 

The  2007  OCTA  was  issued  in  June  2007.  The  2008  OCTA  was  published  in  August 
2008217. 

- Strengthen prevention of organised crime 

3.3. 
(g) 

of 
Crime-proofing 
legislation  and  the  design 
of 
preventive 
measures into products and 

crime 

Commission

2005 

•  Not relevant anymore 

On the basis of the results of a study conducted in 2006, the Commission concluded that 

217 

Available at: http://www.europol.europa.eu/publications/European_Organised_Crime_Threat_Assessment_(OCTA)/OCTA2008.pdf. 

EN 

- 71 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

services 

this action was not worth being pursued.  

3.3. 
(h) 

3.3. 
(i) 

3.3. 
(j) 

Report  on  the  results  of  a 
study further to the Council 
resolution  of  2001  on  the 
contribution of civil society 
in 
finding  missing  or 
sexually exploited children 

Plan 

protect 

Action 
on 
private/public  partnerships 
to 
public 
organisations  and  private 
companies  from  organised 
crime 

Commission

2005 

•  Not relevant anymore 

This initiative has been overtaken by Framework Decision 2004/68/JHA, which is being 
updated  on  the  basis  of  a  Commission  proposal218,  on  combating  sexual  exploitation  of 
children,  by  the  Commission  Draft  Guidelines  on  child  alert  system  and  by  the 
Communication "Towards an EU Strategy on the rights of the child219.  

Commission
/ Council 

2006 

•  Not relevant anymore 

The Action plan has never been approved and, after the reformulation of the objectives, 
the European Security Research Innovation Forum220 has been set up. 

European 
Improving 
coordination 
and 
cooperation  between  high-
tech crime units in Member 
States, and with the private 

Commission

2006 

•   Delayed 

To follow up on the 2007 Communication "Towards a general policy on the fight against 
cyber crime"221, actions to strengthen cooperation between law enforcement and private 
sector  were  undertaken  in  2007-2008,  including  two  Commission  expert  meetings  on 

218 
219 
220 

221 

COM(2009) 135 final. 
COM(2006) 367 final. 
The establishment of ESRIF was first announced on 26 March 2007 at the 2nd European Security Research Conference SRC’07 in Berlin. Its inaugural meeting took 
place  on 11  September  2007.  In  two  following  meetings  in  2007  a working  methodology  was  agreed  and  eleven work groups were  established.  An  intermediate 
status report was presented at the 3rd European Security Research Conference SRC’08 that was hosted by the French EU Presidency on 29-30 September 2008 in 
Paris. ESRIF is expected to deliver its final recommendations in summer/autumn of 2009. With its current mandate, ESRIF is due to expire at the end of 2009. 
COM(2007) 267 final. 

EN 

- 72 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

(cyber 

crime 
sector 
network) 
intelligence 
including  the  development 
of  a  European  cyber  crime 
manual 

3.3. 
(k) 

Communication  on  cyber 
crime  and  cyber  security 
policy 

- Anti-corruption measures 

3.3. 
(l) 

3.3 
(m) 

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

integrity 

introducing 
Proposal 
on 
certain 
of 
certain 
officials  with  regard 
to 
reporting  bribery  as  well 

obligations 
categories 

cybercrime  and  a  series  of  informal  consultations  with  both  the  public  and  the  private 
sector.  As  a  result,  EU  recommendations  on  public-private  cooperation  in  the  fight 
against cyber crime were adopted at expert level in September 2008 and published as an 
annex  to  the  JHA  Council  conclusions  in  November  2008222,  where  an  overall  strategy 
including practical measures against cyber crime was adopted.  

Commission

2006 

√ Achieved223 

The  Commission  Communication  developing  a  general  policy  on  fighting  cybercrime, 
"Towards  a  general  policy  on  the  fight  against  cyber  crime",  was  adopted  on  22  May 
2007224. 

Commission

2007 

√ Achieved 

The  Commission  published  a  Communication  on  "Enhancing  the  environment  for 
professional ethics" within the Commission on 5 March 2008225.  

Commission

2009 

•  Not relevant anymore 

222 
223 
224 
225 

Council conclusions based on the Council document 15569/08. 
Achieved in 2007. 
COM(2007) 267 final. 
SEC(2008) 301. 

EN 

- 73 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

as  the  disclosure  of  assets 
and business interests 

- Strengthen tools to address financial aspects of organised crime 

3.3. 
(n) 

law 

Initiatives  to  promote  use 
of financial investigation as 
a 
enforcement 
technique  and  to  establish 
common minimum training 
standards 

3.3. 
(o) 

Common  set  of  training 
standards 
financial 
in 
investigation skills  

3.3. 
(p) 

Recommendation 
Memorandum 
Understanding 
feedback 
intelligence 
reporting 
suspicious 
reports 

from 

for 

a 
of 
regarding 
financial 
to 
on 
transaction 

units 
bodies 

Commission

2005-2007  √ 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. The fifth Round of mutual Evaluations, conducted in the framework of the 
MDG  Council  working  group,  will  deal  with  EU  Member  states  financial  investigation 
capacity. 

Commission

2005 

•   Delayed 

Training standards will be developed by external project partners in 2009, with financial 
support  from  the  Commission.  The  publication  of  two  handbooks  on  financial 
investigation skills is foreseen for 2010. 

Commission

2006 

•   Delayed 

is  being 

A  preparatory  study 
report's  conclusions  and 
finalised.  The 
recommendations will be presented to and discussed with Financial Intelligence Units and 
experts from the private sector in 2009. The need for a Memorandum of Understanding 
will  be  further  discussed,  possibly  within  the  informal  EU  Financial  Intelligence  Units 
Platform.  The  European  platform  for  reporting  criminal  acts  committed  on  Internet  will 
also become additional tool for submitting suspicious transaction reports. It is scheduled 
to become operational in June 2010. 

final 

EN 

- 74 - 

EN 

 
  
No 

3.3. 
(q) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

to 

and/or 
Recommendation 
enhance 
proposal 
legal 
transparency 
entities 
reduce 
to 
vulnerability  to  infiltration 
by organised crime 

of 

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 
the 
establishment  of  criminal 
asset  intelligence  units  in 
EU Member States 

Commission
/Council 

Continuous  √ Achieved 

Council  Decision  2007/845/JHA  concerning  cooperation  between  Asset  Recovery 
Offices of the Member States in the field of tracing and identification of proceeds from, 
or other property related to, crime, was adopted on 6 December 2007226. The Commission 
continuously  promotes  the  establishment  of  such  offices  by  regularly  co-financing  the 
activities of the CARIN Network227 (under ISEC). A high level pan-European conference 
funded  under  ISEC  on  establishing  Asset  Recovery  Offices  in  the  EU  Member  States 
took  place  in  March  2008228.  The  Commission  Communication  on  the  proceeds  of 
organised  crime,  adopted  on  20  November  2008229,  develops  a  general  policy  on 
confiscation  and  asset  recovery,  including  the  exchange  of  information  and  cooperation 
between national asset recovery offices. 

3.3. 
(s) 

Examination  of  standards 
of 
for 

return 

the 

Commission

2008 

•  Not relevant anymore 

The  Commission  Communication  on  the  proceeds  of  organised  crime  (see  3.3.r)  covers 

226 
227 

228 
229 

OJ L 332, 18.12.2007, p. 103. 
CARIN includes experts from 52 countries, including 26 EU Member States. Its objectives are the exchange of best practices and the improvement of inter-agency 
cooperation in cross-border matters. Its Secretariat is held by Europol.  
Organised by Europol, the Austrian and Belgian governments. 
COM(2008) 766 final. 

EN 

- 75 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

confiscated  or 
forfeited 
assets  as  compensation  or 
identifiable 
restitution 
to 
victims 
or 
crime 
of 
charitable organisations 

the subject. 

- Improve legislation and review existing legal instruments where needed  

3.3. 
(a) 

Adoption  of  a  framework 
decision on participation in 
a criminal organisation 

Commission

2006 

√ Achieved230 

On  the  basis  of  the  2005  proposal  on  the  fight  against  organised  crime231,  the  Council 
Framework Decision 2008/841/JHA was adopted on 24 October 2008232. 

2005 

√ Achieved 

A  proposal  for  a  Directive  on  criminal  measures  aimed  at  ensuring  the  enforcement  of 
intellectual  property  rights  and  a  proposal  for  a  Framework  Decision  to  strengthen  the 
criminal  law  framework  to  combat  intellectual  property  offences  were  presented  by  the 
Commission on 12 July 2005233. The proposals have not been adopted by the Council and 
the  Framework  Decision  will  be  withdrawn  by  the  Commission.  The  Commission 
presented  an  amended  proposal  on  26  April  2006234,  taking  account  of  the  judgment  of 
the  Court  of  13  September  2005  (Case  C-176/03).The  proposal  received  a  favourable 
opinion of the EP in 2007 and is still being discussed in Council. Following a European 

3.3. 
(b) 

Legislative  package  on  the 
fight against counterfeiting 

Commission
/Council/ 
Parliament 

230 
231 
232 
233 
234 

Adopted in 2008. 
COM(2005) 6 final. 
OJ L 300, 11.11.2008, p. 42. 
COM(2005) 276 final. 
COM(2006) 168 final. 

EN 

- 76 - 

EN 

 
  
 
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Court judgement in a related case, the present proposal needs to be reformatted.  

3.3. 
(c) 

Communication 
on 
trafficking in human beings 

Commission

2005 

√ Achieved 

The  Communication  "Fighting  against  trafficking  in  human  beings  –  an  integrated 
approach and proposals for an action plan"235, adopted on 18 October 2005, laid down the 
basis for the Council EU Plan on best practices, standards and procedures for combating 
and  preventing  trafficking  in  human  beings,  published  on  1  December  2005236.  On  17 
October 2008, the Commission adopted the Commission Working Document "Evaluation 
and  monitoring  of  the  implementation  of  the  EU  Plan  on  best  practices,  standards  and 
procedures for combating and preventing trafficking in human beings"237. 

Commission

2006 

√ Achieved238 

On  2  May  2006,  the  Commission  adopted  the  implementation  report  concerning  the 
Council  Framework  Decision  2002/629/JHA  on  combating  trafficking  in  human 
beings239.  A  proposal  for  a  new  Framework  Decision  on  preventing  and  combating 
trafficking  in  human  beings,  and  protecting  victims,  repealing  the  Framework  Decision 
2002/629/JHA,  was  adopted  by  the  Commission  on  24  March  2009240.  A  Commission 
decision  regarding  setting  up  a  new  Group  of  Experts  on  trafficking  human  beings  was 
adopted  on  17  October  2007241  (the  Commission  Decision  2008/604/EC  on  the 
appointment of members of the Group of Experts was adopted on 22 July 2008242). 

3.3. 
(d) 

and, 

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

order 

235 
236 
237 
238 
239 
240 

COM(2005) 514 final. 
OJ C 311, 9.12.2005, p. 1. 
COM(2008) 657 final. 
Achieved in 2007. 
COM(2006) 187 final. 
COM(2009) 136 final. 

EN 

- 77 - 

EN 

 
  
                                                 
No 

3.3. 
(e) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

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

in 

Commission

2006 

√ Achieved243 

In  the  Communication on  organ  donation244,  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 launched and the final 
report  will  be  available  mid  2009.  The  proposal  for  a  revised  framework  decision  on 
trafficking in human beings contains provisions to address trafficking in organs.  

3.3. 
(f) 

Review  and,  if  necessary, 
strengthening  of  present 
legislation  on  confiscation 
of criminal assets 

Commission

2008 

√ Achieved 

The  Council  Decision  2007/845/JHA  concerning  cooperation  between  Asset  Recovery 
Offices of the Member States in the field of tracing and identification of proceeds from, 
or other property related to, crime was adopted on 6 December 2007245. On 17 December 
2007,  the  Commission  issued  a  first  report  reviewing  Member  State  implementation  of 
Framework  Decision  2005/212/JHA  on  confiscation  of  crime  related  proceeds, 
instrumentalities and property246. The Commission published in December 2008 a study 
analysing  Member  States'  practices  in  confiscation,  focusing  in  particular  on  what  has 
proven  to  be  effective  at  national  level  with  a  view  to  promote  and  exchange  best 
practice247. 

241 
242 
243 
244 
245 
246 
247 

OJ L 277, 20.10.2007, p. 29. 
OJ L 194, 23.7.2008, p. 12. 
Achieved in 2007. 
COM(2007) 275 final. 
OJ L 332, 18.12.2007, p. 103. 
COM(2007) 805 final. 
Matrix, "Assessing the effectiveness of EU Member States' practices in the identification, tracing, freezing and confiscation of criminal assets", not yet published. 

EN 

- 78 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

3.3. 
(g) 

3.3. 
(h) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Commission

2005 

√ Achieved  

The study was finalised on 10 October 2005248. 

study 
the  need 
to 

to 
Comparative 
for 
evaluate 
combat 
instruments 
activities 
organised 
of 
crime related to fiscal fraud 
within  EU  Member  States 
and acceding and candidate 
countries 

Commission

2007 

•  Not relevant anymore 

The Commission decided that it was no longer feasible to purse this action. 

in 

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

and 

3.3. 
(i) 

Proposal  on  identity  theft 
and  identity  management 
measures 

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 States249 was commissioned in 2007. 
Only  one  tenderer  submitted  an  offer,  which  was  not  considered  as  satisfactory.  The 
Commission  hence  decided  not  to  award  any  contract.  A  new  tender  procedure  may  be 

248 
249 

Tender No JAI/D2004/04. 
Tender No JLS/D2/2007/05. 

EN 

- 79 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

3.3. 
(j) 

3.3. 
(k) 

Examination 
initiative  on 
fraud in public tenders 

of 
the 
combating 

Study  and  research  on  the 
further 
need 
for 
of 
approximation 
legislation, e.g. in the fields 
of  illicit  arms  trafficking, 
racketeering and extortion 

launched in 2009. 

Commission

2006 

•  Not relevant anymore  

Commission

2008 

•  Delayed 

The study on racketeering and extortion was launched in 2008 results expected by the end 
of 2009. 

- Improve monitoring and evaluation 

3.3. 
(l) 

Second  report  based  on 
Article 6  of  the  Council 
Framework  Decision  of 
26 June  2001  on  money 
the 
laundering, 
tracing, 
identification, 
and 
freezing, 
of 
confiscation 
the 
instrumentalities  and 
proceeds of crime 

seizing 

250 
251 

Achieved in 2006. 
COM(2006) 72 final. 

EN 

Commission

2005 

√ Achieved250 

The report was adopted on 21 February 2006251. 

- 80 - 

EN 

 
  
 
                                                 
No 

3.3. 
(m) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Commission
/Council 

2005 

√ Achieved252 

The report was adopted on 20 February 2006253. 

Second  report  based  on 
Article 14  of  the  Council 
Framework  Decision  of 
28 May  2001  combating 
fraud  and  counterfeiting  of 
non-cash 
of 
payment 

means 

3.3. 
(n) 

report 
Implementation 
framework 
Decision 
"Private sector corruption" 

Commission
/Council 

2005 

√ Achieved254 

The report from based on Article 9 of the Council Framework Decision 2003/568/JHA of 
22  July  2003  on  combating  corruption  in  the  private  sector  was  adopted  on  18  June 
2007255. 

3.3. 
(o) 

of 

on 

the 
Report 
the 
implementation 
framework  Decision  of  27 
January 2003 on protection 
of the environment through 
criminal law256 

Commission

2005 

•  Delayed 

The report was not published following the annulment of the Framework Decision by the 
European  Court  of  Justice  on  13  September  2005  (case  C-176/03).  The  Commission 
presented  a  new  proposal  for  a  Directive  on  the  protection  of  the  environment  through 
criminal  law  on  9  February  2007257,  and  the  Directive  2008/99/EC  was  adopted  on  19 

252 
253 
254 
255 
256 
257 
258 

Achieved in 2006. 
COM(2006) 65 final. 
Achieved in 2007. 
COM(2007) 328 final. 
Council Framework Decision 2003/20/JHA of 27 January 2003 on the protection of the environment through criminal law, OJ L29, 5.2.2003, p. 55. 
COM(2007) 51 final. 
OJ L 328, 6.12.2008, p. 28. 

EN 

- 81 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

3.3. 
(p) 

3.3. 
(q) 

Commission

2007 

√ Achieved 

November 2008258. 

The report was published on 17 December 2007259. 

of 

on 

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

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

(Naples 

Council 

2007 

√ Achieved 

The  evaluation  report  was  adopted  by  the  Customs  cooperation  working  party  and 
presented  to  Art  36  committee  and  Council260.  The  Commission  was  active  part  of  the 
evaluation. The project has been granted ISEC funding. 

3.3. 
(r) 

Evaluation 
Member 
States' 
corruption policies 

regarding 
anti-

3.3. 
(s) 

Evaluation 
measures 
to 
financial crime 

regarding 
combat 

Council 

2009 

•  Ongoing 

The Commission ordered a study into the links between organised crime and corruption 
in 2008. Results are expected in 2009.  

Council 

2010 

•  Ongoing 

The fifth round of mutual evaluations organised by the Council's Multidisciplinary Group 
on Organised Crime will cover Member States capacity to combat financial crime and to 

259 
260 

COM(2007) 805 final. 
Council document 8282/3/08 rev 3. 

EN 

- 82 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

run financial investigations. Evaluation missions will take place in the course of 2009 and 
2010. 

3.4. POLICE AND CUSTOMS COOPERATION 

3.4. 
(a) 

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

the 

3.4 
(b) 

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

trafficking 

Council 

2004-2006  √ Achieved 

The  report  to  the  Council  on  implementation  of  the  Action  Plan  for  the  strategy  for 
customs cooperation in the Third Pillar (2004-2006)261 was presented in 2007. 

Commission

2007 

•   Not relevant anymore 

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

3.4 
(c) 

on 

Proposal 
the 
development  of  Europol 
and  on  the  role  of  the 

enter 
Commission To 
force 
into 
no later than 

√ Achieved262 

At the end of 2006, the Commission presented a new proposal for a Council Decision to 
replace  the  Europol  Convention263.  In  April  2008  Member  States  reached  a  political 

261 
262 

Council document 5674/07. 
Partially. 

EN 

- 83 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

European  Parliament  and 
national parliaments in the 
scrutiny 
Europol's 
of 
activities 

January 

1 
2008 

agreement,  and  adoption  followed  on  6th  April  2009264.  As  regards  the  role  of  the 
European  Parliament  in  the  scrutiny  of  Europol's  activities,  the  Community  funding  of 
Europol, as established in the future Council Decision on Europol, should reinforce it, the 
Parliament  being  one  branch  of  the  budgetary  authority.  Furthermore,  according  to  the 
Lisbon Treaty, "the European Parliament and the Council, by means of regulations (…) 
shall  lay  down  the  procedures  for  scrutiny  of  Europol's  activities  by  the  European 
Parliament, together with National Parliaments". 

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

3.4. 
(d) 

3.4. 
(e) 

to 

the 
Follow-up 
and 
Communication 
proposal  on  improvement 
of 
law-enforcement 
cooperation  in  particular 
internal  borders 
at 
between Member States 

the 

Commission

2005 

√ Achieved 

On  18  July  2005  the  Commission  adopted  a  proposal  for  a  Council  Decision  on  the 
improvement of police cooperation between the Member States of the European Union, 
especially  at  the  internal  borders,  and  amending  the  Convention  implementing  the 
Schengen Agreement265. 

and 
Communication 
proposal for a Directive on 
improved  transport  safety 
and 
security 
through  the  creation  of  an 
area  of  police  and  judicial 

increased 

Commission

2005 

•  Not relevant anymore 

Please refer to 4.2 (d). 

263 
264 
265 

COM(2006) 817 final. 
Not yet published on the Official Journal. 
COM(2005) 317 final. 

EN 

- 84 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

cooperation  on  the  trans-
transport 
European 
networks 

3.4. 
(f) 

Updating  of 
manual 

the  Sirene 

Commission

2005 

√ Achieved266 

The  Commission  adopted  the  decision  2006/758/EC  on  amending  the  SIRENE  Manual 
on 22 September 2006267. 

3.4. 
(g) 

Further  work  with  respect 
to  police  standards  (police 
ethics, 
monitoring 
programmes) 

3.4. 
(h) 

Definition 
standards 
laboratories 

of 
of 

quality 
forensic 

Commission

2008 

•  Delayed 

Commission

2008 

•  Delayed 

The  Commission  tendered  a  study  in  2007  to  identify  obstacles  in  the  field  of  forensic 
science.  The  final  study  lists  36  recommendations.  Recommendations  8,  12,  13  et  al. 
focus on enhancing the quality of forensic testing and results, inter alia by accreditation of 
laboratories against ISO 17025.  

- Systematic exchange programmes for law enforcement officers' authorities 

3.4. 
(i) 

Adoption  of  a  proposal 
the 
aimed  at  amending 
establishing 
decision 

Commission

2005 

√ Achieved 

Following  the  Commission’s  proposal  of  1  October  2004268,  the  Council  adopted  the 

266 
267 

Achieved in 2006. 
OJ L 317, 16.11.2006, p. 41. 

EN 

- 85 - 

EN 

 
  
 
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

CEPOL  (European  Police 
College)  as  a  body  of  the 
Union  

3.4. 
(j) 

Evaluation 
of  CEPOL 
(2006)  and,  if  appropriate, 
further development 

decision 2005/681/JHA establishing the European Police College (CEPOL) and repealing 
Decision 2000/820/JHA on 20 September 2005269.  

Commission

2006 

•  Postponed 

According to the new Council Decision 2005/681/JHA establishing the European Police 
College  (CEPOL)  amending  the  original  Council  2000/820/JHA,  an  independent 
evaluation  of  CEPOL  must  be  carried  out  within  5  years  of  the  taking  effect  of  that 
decision (1st January 2006).  

- Improvement of operational cooperation  

3.4. 
(k) 

Development of a common 
methodology  and  setting 
up  of  short-duration  joint 
police 
and 
customs 
operations  and/or  multi-
disciplinary joint teams  

3.4. 
(l) 

Elaboration  of  minimum 
standards  for 
the  cross-
border  use  of  investigation 
techniques 

268 
269 

COM(2004) 623 final. 
OJ L 256, 1.10.2005, p. 63. 

EN 

Council 

Continuous  •  Ongoing 

Discussions on possible actions in this field have been discussed in 2006 and 2007 within 
the  Council  Customs  Cooperation  Working  Party  and  the  Police  Cooperation  Working 
Party. A common methodology has not been et up so far even if discussions are ongoing 
at joint meetings of the two Parties. Joint operations with the involvement of customs and 
police have taken place (for instance, the operation "Diligence on Firearms" in 2008). 

Commission

2006 

•   Not relevant anymore 

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 

- 86 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

investigation techniques the subject of the 5th round of mutual evaluations.  

3.4. 
(m) 

3.4. 
(n) 

Best  practice  guide  for  the 
promotion  and  expansion 
of  the  use  of  special  forms 
of  cooperation  for  customs 
administrations as provided 
by 
II 
Convention 

Naples 

the 

Commission

2008 

•  Delayed 

A specific action is included in the action plan implementing the Customs strategy thirst 
pillar for the period 1.7.2008- 31.12.2009. 

Improvement  of  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)  

Council 

2007 

√ Achieved270 

The  Council  Decision  2008/852/JHA,  adopted  on  24  October  2008271,  established  a 
contact-point  network  against  corruption,  linking  the  operational  expertise  of  Member 
States  authorities  and  agencies  to  prevent  and  combat  corruption  as  well  as  to  improve 
coordination in the field. 

270 
271 

Achieved in 2008. 
OJ L 301, 12.11.2008, p. 38. 

EN 

- 87 - 

EN 

 
  
 
                                                 
No 

3.4. 
(o) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

Definition  of  a  policy  on 
the  relationship  between 
Europol and Eurojust  

Council 

No later 
than 2008 

State of play 

•  Achieved272 

A revised Cooperation Agreement between Eurojust and Europol has been approved by 
the Council in June 2009, replacing the old 2004 agreement. This agreement establishes 
and  reinforces  the  close  cooperation  between  the  two  bodies  in  order  to  increase  their 
effectiveness  in  combating  serious  forms  of  international  crime  which  fall  in  the 
respective  competence,  and  to  avoid  duplication  of  work.  In  particular,  this  will  be 
achieved  through  the  exchange  of  operational,  strategic,  and  technical  information,  as 
well as the coordination of activities.  

3.4. 
(p) 

Definition of the role of the 
security committee (COSI)  

 Council 

No later 
than 1 
November 
2006 

•  Delayed 

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

3.4. 
(q) 

and, 

Review 
appropriate, 
development 
of 
customs IT systems 

where 
further 
the 

3.4. 
(r) 

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

in 

272 
273 

Achieved in 2009. 
Partially implemented. 

EN 

Council 

Continuous  √ Achieved 

The  Commission  launched  a  pilot  phase  in  2008  concerning  the  FIDE  (Fichier 
d'identification  des  dossiers  des  enquêtes  douanières)  system.  The  FIDE  is  now 
operational since 15 September 2008.  

Council 

√ Achieved273 

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. SECI is meant to coordinate a Common 

- 88 - 

EN 

 
  
 
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

Balkans 

State of play 

Threat  Assessment  on  Organised  Crime  for  South-East  Europe.  Moreover,  Albania, 
Bosnia-Herzegovina, FYORM, Montenegro and Serbia have ratified the UN Convention 
on  Transnational  Organised  Crime  of  2003  (UNTOC),  the  UNTOC  Protocol  on 
Trafficking  in  human  beings274,  the  UNTOC  Protocol  on  Migrants275,  the  UNTOC 
Protocol  on  Firearms276  and  the  Council  of  Europe  Convention  on  Laundering,  Search, 
Seizure  and  Confiscation  of  the  Proceeds  from  Crime  and  Terrorism  of  2005  and  the 
Council of Europe Action against THB (for this last two instruments, as of 10.12.2008, 
FYROM and Serbia has signed but not ratified them yet).  

3.5. MANAGEMENT OF CRISIS WITHIN THE EUROPEAN UNION 

3.5 
(a) 

Integrated 
crisis 
management arrangements 

EU 

Commission

To be 
implemente
d by 1 July 
2006 

√ Achieved 

The EU emergency and crisis co-ordination arrangements (EU-CCA) were adopted by the 
Council on 1 June 2006. While the EU emergency and crisis co-ordination arrangements 
set out how the EU institutions and affected Member States should interact in Brussels in 
a  crisis  mode,  the  integrated  EU  arrangement  for  crisis  management  with  cross  border 
effects  (EU-ICMA)  can  be  understood  as  the  practical,  operational  arrangements  to 
implement EU-CCA and to facilitate co-operation between Member States. These crisis 
co-ordination arrangements would provide a generic arrangement applicable for all types 
of  crises,  such  as  natural  disasters,  industrial  accidents,  or  a  flu  pandemic,  as  well  as 
terrorist attacks. 

274 

275 
276 

Protocol  to  Prevent,  Suppress  and  Punish  Trafficking  in  Persons,  Especially  Women  and  Children,  supplementing  the  United  Nations  Convention  against 
Transnational Organized Crime. 
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime. 
Protocol  against  the  Illicit  Manufacturing  of  and  Trafficking  in  Firearms,  Their  Parts  and  Components  and  Ammunition,  supplementing  the  United  Nations 
Convention against Transnational Organized Crime. 

EN 

- 89 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

3.5 
(b) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Commission 
decision 
creating  a  secure  general 
system 
rapid 
alert 
(ARGUS) 
a 
Commission  Crisis  Centre 
to  coordinate  existing  alert 
systems 

and 

Commission

2005 

√ Achieved 

The Commission adopted on 20 October 2004 a communication277 calling inter alia for a 
secure general rapid alert system (ARGUS) to be created within the Commission to link 
all  specialised  systems  for  emergencies  that  require  action  at  European  level.  ARGUS 
provides  a  network  which  will  respect  the  specific  characteristics,  competences  and 
expertise of the individual and specialised alert systems which will continue to carry out 
their  current  functions.  The  Communication  “Commission  provisions  on  “ARGUS” 
general rapid alert system” was adopted on 23 December 2005278. 

Further  on,  the  Commission  adopted  a  decision  creating  ARGUS,  whereby  all 
Commission  services  are  connected  via  an  IT  tool  –  the  ARGUS  hub  –  which  allows 
them to communicate and respond in situations of crisis. Clear procedures are set forth as 
to who has to trigger what and communicate with whom in a situation of crisis. Following 
the  adoption  of  the  Communication  on  Reinforcing  the  Union's  Disaster  Response 
Capacity279,  the  Commission  is  strengthening  and  creating  synergies  between  existing 
instruments  and  capacities  in  the  different  Commission  services  responsible  for  crisis 
management. Following the adoption of the Communication on Reinforcing the Union's 
Disaster  Response  Capacity280,  the  Commission  is  strengthening  and  creating  synergies 

277 
278 
279 
280 

COM(2004) 698 final. 
COM(2005) 662 final. 
COM(2008) 130 final. 
COM(2008) 130 final. 

EN 

- 90 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

3.5 
(c) 

Proposal 
critical 
warning 
network (CIWIN) 

creating 
a 
infrastructure 
information 

3.5 
(d) 

Plan  on  the  protection  of 
critical infrastructures 

between existing instruments. 

Commission

2005 

√ Achieved281 

The  Commission  proposal  on  a  Critical  Infrastructure  Warning  Information  Network 
(CIWIN) was adopted by the Commission on 27 October 2008282.  

Commission

2005 

√ Achieved 

The Green Paper on a European Programme for Critical Infrastructure Protection (EPCIP) 
was  adopted  on  17  November  2005283.  The  Communication  on  a  European  Programme 
for  Critical  Infrastructure  Protection  (EPCIP)  was  presented  on  12  December  2006284. 
The  Council  Directive  on  the  identification  and  designation  of  European  Critical 
Infrastructures and the assessment of the need to improve their protection was adopted on 
8 December 2008285.  

3.6. GENERAL CRIME PREVENTION 

3.6 
(a) 

Strengthening 
professionalising  of 
prevention 
including 

of 
through 

and 
the 
crime, 
the 

Commission

2005 

√ Achieved286 

Throughout 2006 the Commission has worked to: 

281 
282 
283 
284 
285 
286 

Achieved in 2008. 
COM(2008) 676 final. 
COM(2005) 576 final. 
COM(2006) 786 final. 
OJ L 345, 23.12.2008, p.75. 
Achieved in 2006. 

EN 

- 91 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

European 
Prevention Network 

Crime 

3.6 
(b) 

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

and 
trends 

States, 

Commission

-  establish  cooperation  and  consultation  modalities  with  other  networks  dealing  with 
crime prevention matters; 
- help to increase the role of the EUCPN with regards to European general crime trends 
and statistics;  
-  assist  with  the  creation  subgroups  also  at  local  level  for  the  elaboration  and 
dissemination of crime prevention best practices; 
-  co-ordinate  promotion  of  a  European  mechanism  for  the  evaluation  of  national  crime 
prevention strategies; and 
- enhance co-operation with EUCPN on different crime prevention issues.  
√ Achieved287 

Since the establishment of the expert group on policy needs of data on crime and criminal 
justice in 2007, there has been considerable activity namely to develop indicators in the 
areas  of  money-laundering,  human  trafficking,  and  effectiveness  of  criminal  justice 
systems.  The  preliminary  collection  of  data  based  on  identified  money-laundering  was 
initiated 2008, with additional work to continue throughout 2009. 

The  Commission  has  pursued  the  development  of  crime  and  criminal  justice  survey 
instruments and methodologies. Projects ongoing in this area include: the development of 
an  EU  crime  victimisation  survey;  the  development  of  a  commercial  crime  survey;  the 
development  of  a  survey  on  the  efficiency  of  criminal  justice;  the  development  of  a 
methodology  to  estimate  the  cost  of  crime;  the  development  of  indicators  on  the 
confidence  in  justice;  the  fostering  of  closer  links  between  Justice  and  Home  Affairs 
administrations and the research community. 

287 

Partially achieved as works are still ongoing. 

EN 

- 92 - 

EN 

 
  
 
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

4. STRENGTHENING JUSTICE 

State of play 

- See also Framework Programme "Fundamental Rights and Justice" under the new Financial Perspectives (2005) 

4. 
(a) 

4. 
(b) 

for  a  decision 
Proposal 
specific 
establishing 
a 
programme  on 
judicial 
cooperation  in  civil  and 
commercial matters 

Proposal 
establishing 
a 
programme  on 
cooperation 
matters 

for  a  decision 
specific 
judicial 
in  criminal 

Commission

2005 

√ Achieved 

The proposal was adopted on 6 April 2005288. The Decision 1149/2007/EC establishing 
for  the  period  2007-2013  the  Specific  Programme  ‘Civil  Justice’  as  part  of  the  General 
Programme ‘Fundamental Rights and Justice’ was adopted on 25 September 2007289. 

Commission

2005 

√ Achieved 

The  proposal  was  adopted  on  6  April  2005290.  The  Council  Decision  2007/126/JHA 
establishing  for  the  period  2007  to  2013,  as  part  of  the  General  Programme  on 
Fundamental Rights and Justice, the Specific Programme ‘Criminal Justice’ was adopted 
on 12 February 2007291. 

4.1. CONFIDENCE-BUILDING AND MUTUAL TRUST 

4.1. 
(a) 

Systematic,  objective  and 
impartial  evaluation  of  the 
implementation  of  the  EU 
the  field  of 
policies 

in 

288 
289 
290 
291 

COM(2005) 122 final. 
OJ L 257, 3.10.2007, p. 16. 
COM(2005) 122 final. 
OJ L 58, 24.2.2007, p. 13. 

EN 

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 sector-based evaluations have already been carried out. 

- 93 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

to 
justice  with  a  view 
trust 
reinforcing  mutual 
while  fully  respecting  the 
independence 
the 
judiciary 

of 

4.1. 
(b) 

Communication  from  the 
judicial 
Commission  on 
training 
(2005), 
in  EU 
development  on  the  basis 
of  the  pilot  project  for  the 
exchange  of  magistrates 
(2005) 
the 
and 
preparatory action (2006) 

of 

4.1. 
(c) 

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

292 
293 
294 
295 

COM(2008) 38 final. 
Achieved in 2006. 
COM(2006) 356 final. 
COM(2006) 356 final. 

EN 

Moreover, a Commission Communication on the creation of a Forum for discussing EU 
justice  policies  and  practice  has  been  adopted  on  4  February  2008292.  The  Forum  will 
gather together practitioners, academics and representatives of justice administrations to 
provide the Commission with feedback and input for the evaluation mechanism. On the 
basis of a Dutch initiative, the Commission organised in February a workshop in order to 
discuss the future establishment of a rule-of-law assessment system.  

Commission

2005 

√ Achieved293 

The Communication on judicial training was adopted on 29 June 2006294. A Commission 
Decision  on  the  preparatory  action  to  implement  the  exchange  programme  for  judicial 
authorities  was  adopted  on  11  July  2006.  Exchanges  started  in  2007  and  involved  400 
judges and prosecutors. As of 2008, Eurojust and the Court of Justice also participated in 
the exchanges. 

Member 
States 

2007 

√ Achieved 

The European Judicial Training Network (EJTN) was set up in 2002 on the basis of an 
existing  informal  agreement  and  was  formally  established  in  2006295.  EJTN  is  mostly 
geared towards training of judges and public prosecutors. 

In 2008, a Resolution of the Council and of the Representatives of the Governments of 

- 94 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

the Member States meeting within the Council on the training of judges, prosecutors and 
judicial staff in the European Union was adopted in Council296. This resolution which was 
presented in July 2008 by the French Presidency underlines the importance of training of 
judges and public prosecutors and asks the Member States to support it actively. 

The  Commission  supports  training  activities  at  European  level  through  the  civil  and 
criminal  justice  financial  programmes.  These  activities  are  set  up  either  by  European 
organisations  of  legal  professionals  (notaries,  lawyers,  judges,  etc.)  or  by  European 
organisations dedicated to judicial training such as ERA (Academy of European Law) or 
EJTN.  Some  projects  regarding  training  of  judges  on  specific  aspects  of  the  European 
legislation can also be found in other financial programmes. 

4.1. 
(d) 

EU  workshops  to  promote 
between 
cooperation 
members  of 
legal 
professions  with  a  view  to 
establishing best practices 

the 

Commission

2006 

√ Achieved 

The  workshops  are  organised  on  a  regular  basis  by  ERA  and  the  EJTN.  Furthermore, 
thematic  meetings  of  the  Justice  Forum  facilitate  the  exchange  of  best  practices  among 
representatives  of  the  organisations  gathering  legal  professionals  from  the  EU  Member 
States. Best practices are also promoted by the Crystal Scales of Justice prize awarded on 
a biannual basis by the Commission and the Council of Europe. 

4.2. JUDICIAL COOPERATION IN CRIMINAL MATTERS 

- Pursuing the implementation of the mutual recognition principle 

4.2. 
(a) 

Communication  on  mutual 
recognition  of  decisions  in 
and 
criminal  matters 

Commission

2005 

√ Achieved 

The  Communication  on  the  mutual  recognition  of  judicial  decisions  in  criminal  matters 

296 

Council document 14667/08, p. 22. 

EN 

- 95 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

reinforcement  of  mutual 
between  Member 
trust 
States 

White  Paper  on  exchanges 
on 
information 
of 
convictions  and  the  effect 
of  such  convictions  in  the 
EU 

Proposal  on  taking  into 
account  of  convictions  in 
the  Member  States  of  the 
European  Union 
the 
course  of  new  criminal 
proceedings  

in 

on 

the 
Proposal 
and 
transmission 
keeping  by,  the  Member 

to, 

4.2. 
(b) 

4.2. 
(c) 

4.2. 
(d) 

and  the  strengthening  of  mutual  trust  between  Member  States  was  adopted  on  19  May 
2005297. 

Commission

2005 

√ Achieved 

The  Commission  adopted  the  White  Paper  on  exchanges  of  information  on  convictions 
and  the  effect  of  such  convictions  in  the  European  Union  on  25  January  2005298.  The 
White Paper was discussed at the JHA Council meeting on 14 April 2005, which defined 
the way forward in this area.  

Commission

2005 

√ Achieved 

The  Commission  presented  a  proposal  for  a  Council  Framework  Decision  on  taking 
account of convictions in the Member States of the European Union in the course of new 
criminal  proceedings  on  17  March  2005299.  The  Council  Framework  Decision 
2008/675/JHA was adopted on 24 July 2008300. 

Commission

2005 

√ Achieved 

The  Commission  presented  the  proposal  for  a  Council  Framework  Decision  on  the 
organisation and content of the exchange of information extracted from criminal records 

297 
298 
299 
300 
301 

COM(2005) 195 final. 
COM(2005) 10 final. 
COM(2005) 91 final. 
OJ L 220, 15.8.2008, p. 32. 
COM(2005) 690 final. 

EN 

- 96 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

State  of  nationality  of 
information  on  criminal 
convictions 

4.2. 
(e) 

on 

Communication 
the 
creation  of  an  index  of 
nationals 
non-EU 
convicted 
an  EU 
in 
Member State  

between  Member  States  on  22  December  2005301.  The  Framework  Decision 
2009/315/JHA on the organisation and content of the exchange of information extracted 
from the criminal record between Member States was adopted on of 26 February 2009302. 

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  Union303.  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.  A  study  was  launched  in  March  2009  on  this 
subject and the results will inform a legislative proposal. 

4.2. 
(f) 

Initiative  on  the  European 
Enforcement Order and the 
transfer 
sentenced 
of 
persons  between  Member 
States of the EU  

Member 
States 

2005 

√ Achieved 

The joint initiative from Austria, Finland and Sweden for a Council Framework Decision 
on the application of the principle of mutual recognition to judgments in criminal matters 
imposing custodial sentences or measures involving deprivation of liberty for the purpose 
of  their  enforcement  in  the  EU  was  submitted  on  19  January  2005304.  The  Council 

302 
303 
304 
305 

OJ L 93, 7.4.2009 , p. 23.  
COM(2006) 359 final. 
OJ C 150, 21.6.2005, p.1. 
OJ L 327, 5.12.2008, p. 27. 

EN 

- 97 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Framework Decision 2008/909/JHA was adopted on 27 November 2008305. 

4.2. 
(g) 

on 

Proposal 
recognition 
custodial 
supervision measures 

of 

mutual 
non-
pre-trial 

Commission

2005 

√ Achieved306 

The  Commission  adopted  the  proposal  on  29  August  2006307.  The  Council  reached  a 
political agreement on 27 November 2008.  

4.2. 
(h) 

Communication 
disqualification 

on 

Commission

2005 

√ Achieved308 

The  Commission  adopted  a  Communication  on  "Disqualifications  arising  from  criminal 
convictions  in  the  European  Union"  on  21  February  2006309.  However,  the  area  of 
disqualification  is  not  covered  by  any  instrument  based  on  the  principle  of  mutual 
recognition. 

Commission
/Council 

2005-2006  √ Achieved310 

The  first  report  on  implementation  by  24  Member  States  was  adopted  on  23  February 
2005311.  A  revised  version  to  include  Italy  was  adopted  on  26  January  2006312.  The 
second report on the implementation of the Framework Decision was adopted on 11 July 
2007313. 

4.2. 
(i) 

of 

on 

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

the 

306 
307 
308 
309 
310 
311 
312 

Achieved in 2006. 
COM(2006) 468 final. 
Achieved in 2006. 
COM(2006) 73 final. 
Second report presented in 2007. 
COM(2005) 63 final. 
COM(2006) 8 final. 

EN 

- 98 - 

EN 

 
  
                                                 
No 

4.2. 
(j) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

on 

in 
Union 

the 
Initiative 
and 
recognition 
the 
enforcement 
European 
of 
prohibitions  arising  from 
convictions 
sexual 
offences  committed  against 
children  

for 

Member 
States 

2005 

√ Achieved 

Belgium presented an initiative with a view to adopting Council Framework Decision on 
the  recognition  and  enforcement  of  prohibitions  arising  from  convictions  for  sexual 
offences committed against children in October 2004314. 

The Belgian initiative was incorporated into the Framework Decision on the organisation 
and  the  content  of  exchange  of  information  extracted  from  Criminal  Records  between 
Member States, proposed by the Commission (see point 4.2 (d)). 

4.2. 
(k) 

Proposal 
on 
disqualifications 

driving 

Commission

2006 

•  Postponed 

The  area  of  driving  disqualification  is  not  yet  covered  by  an  instrument  based  on  the 
principle  of  mutual  recognition,  as  priority  has  been  given  to  the  adoption  and 
implementation of other instruments of mutual recognition. 

Commission

2006 

√ Achieved316 

The report based on Article 14 of the Council Framework Decision 2003/577/JHA on the 
execution in the European Union of orders freezing property or evidence was adopted on 
25 December 2008317. 

4.2. 
(l) 

of 

on 

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

313 
314 
315 

EN 

COM(2007) 407 final. 
OJ C 295, 7.12.2007, p. 18. 
Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, OJ L 196, 2.8.2003, p. 
45. 

- 99 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

evidence315 

State of play 

4.2. 
(m) 

of 

on 

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

Commission

2007 

√ Achieved318 

The report from the Commission based on Article 20 of the Council Framework Decision 
2005/214/JHA  on  the  application  of  the  principle  of  mutual  recognition  to  financial 
penalties was adopted on 22 December 2008319. 

4.2. 
(n) 

Proposal  on  recognition 
and 
of 
execution 
alternative  sanctions  and 
on suspended sentences 

4.2. 
(o) 

Proposal  completing 
European 
Warrant 

the 
Evidence 

Commission

2007 

√ Achieved 

The  joint  Franco-German  initiative  with  a  view  to  adopting  a  Council  Framework 
Decision on the recognition and supervision of suspended sentences, alternative sanctions 
and conditional sentences320 was presented on 12 January 2007. The Framework Decision 
2008/947/JHA on the recognition of judgments and probation decisions with a view to the 
supervision  of  probation  measures  and  alternative  sanctions  was  adopted  in  November 
2008321. 

Commission

2007 

•  Delayed 

The need for this measure is under review. The Commission is planning to issue a Green 
Paper on the matter. 

316 
317 
318 
319 
320 
321 

Achieved in 2008. 
COM(2008) 885 final. 
Achieved in 2008. 
COM(2008) 888 final. 
OJ C 147, 30.6.2007, p. 1. 
OJ L 337, 16.12.2008, p. 102. 

EN 

- 100 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

- Approximation 

4.2. 
(a) 

4.2. 
(b) 

4.2. 
(c) 

4.2. 
(d) 

Green  Paper  on  Conflicts 
of  Jurisdiction  and  Double 
Jeopardy (ne bis in idem) 

Commission

2005 

√ Achieved 

The Green Paper was adopted on 23 December 2005322. See also point 4.2(e) below.  

Green 
presumption of innocence 

Paper 

on 

Second  and  third  report  on 
the  implementation  of  the 
of 
decision 
framework 
the 
15 March  2001  on 
standing  of  victims 
in 
criminal proceedings 

on 

report 

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

on 

Commission

2005 

√ Achieved323 

The Commission adopted the Green Paper on 26 April 2006324. 

Commission

2005 

√ Achieved325 

The joint second and third report was adopted on 20 April 2009326. 

Commission

2006 

√ Achieved327 

Refer to 4.2 (c) above. 

322 
323 
324 
325 
326 

COM(2005) 696 final. 
Achieved in 2006. 
COM(2006) 174 final. 
Achieved in 2009. 
COM(2009) 166 final. 

EN 

- 101 - 

EN 

 
  
                                                 
No 

4.2. 
(e) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Proposal  on  conflicts  of 
jurisdiction  and  the  ne  bis 
in idem principle 

Commission

2006 

•  Not relevant anymore 

This proposal has been superseded by the Czech initiative presented in January 2009 in 
view of the adoption of a Framework Decision328.  

4.2. 
(f) 

Green Paper on handling of 
evidence 

Commission

2006 

•  Delayed 

The adoption of the Green Paper is foreseen in 2009. 

4.2. 
(g) 

Green  Paper  on  default  (in 
absentia) judgments 

Commission

2006 

•  Not relevant anymore 

This measure has been superseded by an initiative presented in 2008 by 7 Member States 
with a view to adopting a Council Framework Decision on the enforcement of decisions 
rendered in absentia329. 

4.2. 
(h) 

on  minimum 
Proposal 
standards  relating  to  the 
taking  of  evidence  with  a 
mutual 
to 
view 

Commission

2007 

•  Delayed 

The need for this measure is under review. The Commission intends to introduce in 2010 
a proposal for a European Evidence Warrant II but it has not yet been decided whether it 

327 
328 

329 

Achieved in 2009. 
Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for a Council Framework 
Decision 2009/…/JHA on prevention and settlement of conflicts of jurisdiction in criminal proceedings, OJ C 39, 18.2.2009, p. 2. 
Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Slovak Republic, the United Kingdom and the Federal 
Republic  of  Germany  with  a  view  to  adopting  a  Council  Framework  Decision  2008/…/JHA  on  the  enforcement  of  decisions  rendered  in  absentia  and  amending 
Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States, Framework Decision 2005/214/JHA on 
the  application  of  the  principle  of  mutual  recognition  to  financial  penalties,  Framework  Decision  2006/783/JHA  on  the  application  of  the  principle  of  mutual 
recognition to confiscation orders, and Framework Decision 2008/…/JHA on the application of the principle of mutual recognition to judgments in criminal matters 
imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, OJ C 52, 26.2.2008, p. 1. 

EN 

- 102 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

admissibility 

shall include standards relating to the taking of evidence. 

4.2. 
(i) 

Proposal  on  default  (in 
absentia) judgments 

Commission

2007 

√ Achieved 

Refer to 4.2 (g) above. 

4.2. 
(j) 

to 

on 

the  Green 
Follow-up 
Paper 
the 
approximation  of  criminal 
and,  where 
sanctions 
appropriate, 
legislative 
proposal 

4.2. 
(k) 

Analysis 
of  minimum 
pre-trial 
in 
standards 
detention  procedures  and 
the  routines  for  regular 
review  of  the  grounds  for 
detention 

330 
331 

OJ L 327, 5.12.2008, p. 27. 
OJ C 147, 30.6.2007, p. 1. 

EN 

Commission

2008 

√ Achieved 

On  the  basis  of  the  joint  Austrian-Finnish-Swedish  initiative,  the  Council  Framework 
Decision  2008/909/JHA  on  the  application  of  the  principle  of  mutual  recognition  to 
judgments  in  criminal  matters  imposing  custodial  sentences  or  measures  involving 
deprivation  of  liberty  for  the  purpose  of  their  enforcement  in  the  European  Union  was 
adopted on 27 November 2008330. 

The  joint  Franco-German  initiative  with  a  view  to  adopting  a  Council  Framework 
Decision on the recognition and supervision of suspended sentences, alternative sanctions 
and conditional sentences331 was presented on 12 January 2007 and formally adopted on 
27 November 2008. 

Commission

2007 

•  Postponed 2008 

A study has been launched on the matter. Results will be ready in 2009.  

- 103 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

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

4.2. 
(a) 

4.2. 
(b) 

4.2. 
(c) 

on 
Recommendation 
minimum 
for 
capturing  and  exchanging 
electronic evidence 

standards 

Proposal  on 
the  wilful 
destruction of documentary 
evidence 

Proposal  on  the  protection 
and 
witnesses 
of 
collaborators with justice 

Commission

2006 

•  Delayed  

The need for this measure is under review. 

Commission

2007 

•  Delayed 

The need for this measure is under review. 

Commission

2007 

•  Not relevant anymore 

On the basis of the results of an impact assessment carried out in 2007332, the proposal on 
the  protection  of  witnesses  and  collaborators  with  justice  was  not  tabled,  since  it  was 
considered that at present it is not advisable to proceed with legislation at EU level. 

4.2. 
(d) 

Initiative  to  facilitate  the 
prosecution  of  road  traffic 
offences 

Commission
/Council 

2005 

√ Achieved 

On 19 March 2008, the Commission adopted a proposal for a Directive facilitating cross-
border enforcement in the field of road safety333.  

4.2. 
(e) 

of 

Evaluation 
the 
efficiency  of  specialised 
judicial  bodies  for  dealing 

Commission

2009 

•  Delayed 

332 
333 

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

EN 

- 104 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

with  the  investigation  of 
cases  linked  to  organised 
crime 

4.2. 
(f) 

Further development of the 
European Judicial Network 
in criminal matters 

- Eurojust 

4.2. 
(g) 

Second  report  on  the  legal 
transposition 
the 
Council  Decision  of  28 
February  2002  setting  up 
Eurojust 

of 

4.2. 
(h) 

Proposal  on  Eurojust  in 
accordance with Article III 
— 273  

Commission

Ongoing 

√ Achieved 

On  the  basis  of  the  initiative  for  a  Council  Decision  on  the  European  Judicial  Network 
presented by 14 Member States in January 2008334, the Council Decision 2008/976/JHA 
was adopted on 16 December 2008335.  

Commission

2005 

√ Achieved336 

The report was included in the Communication on the future of Eurojust adopted on 23 
October 2007337. 

enter 
Commission To 
into 
force 
no later than 
January 
1 

•  Achieved338 

This  proposal  has  been  superseded  by  a  Member  States'  initiative339  that  led  to  the 
adoption of the new Eurojust Decision by the Council on 16 December 2008340. 

334 

335 
336 
337 

Initiative  of  the  Republic  of  Slovenia,  the  French  Republic,  the  Czech  Republic,  the  Kingdom  of  Sweden,  the  Kingdom  of  Spain,  the  Kingdom  of  Belgium,  the 
Republic  of  Poland,  the  Italian  Republic,  the  Grand  Duchy  of  Luxembourg,  the  Kingdom  of  the  Netherlands,  the  Slovak  Republic,  the  Republic  of  Estonia,  the 
Republic of Austria and the Portuguese Republic, with a view to adopting a Council Decision of … on the European Judicial Network, OJ C 54, 27.2.2008, p. 14. 
OJ L 348, 24.12.2008, p. 130. 
Achieved in 2007. 
COM(2007) 644 final. 

EN 

- 105 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

2008 

State of play 

- International Legal Order 

4.2. 
(i) 

4.2. 
(j) 

4.2. 
(k) 

Active  involvement  of  the 
activities  of  the  Council  of 
Europe 
other 
and 
international  organisations 
(G8,  UN, 
and 
OECD,  OSCE,  FATF)  in 
criminal matters 

forums 

Examination of the case for 
agreements  between 
the 
EU  and  third  countries  on 
extradition  

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

Commission
/Council 

2005-2009  √ Achieved 

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

Commission
/Council 

2005-2009 

•  Ongoing 

An agreement is being discussed with Liechtenstein. 

Commission
/Council 

2005-2009 

•  Ongoing 

Discussions are under way with various countries. An agreement is on the verge of being 
concluded with Norway and Iceland. 

338 
339 

340 

Achieved in 2009. 
Initiative  of  the  Kingdom  of Belgium,  the  Czech  Republic,  the  Republic  of  Estonia,  the Kingdom  of  Spain,  the  French Republic, the  Italian  Republic,  the  Grand 
Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the 
Slovak  Republic  and  the  Kingdom  of  Sweden  with  a  view  to  adopting  a  Council  Decision  of  …  on  the  strengthening  of  Eurojust  and  amending  Decision 
2002/187/JHA, OJ C 54, 27.2.2008, p. 4. 
Not yet published on the Official Journal. 

EN 

- 106 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

4.2. 
(l) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Commission
/Council 

2005/2006 

•  Achieved341 

The proposal was adopted by the Council in December 2008.  

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

4.2. 
(m) 

Inclusion  of  provisions  on 
counter-terrorist  assistance 
in  proposed  revision  of 
instruments 
existing 
governing 
external 
assistance 

4.2. 
(n) 

United 

Proposal  on  conclusion  of 
Nations 
the 
Convention 
against 
Corruption on behalf of the 
EC 

341 
342 
343 

Achieved in 2008. 
COM(2006) 82 final. 
OJ L 287, 29.10.2008, p. 1. 

EN 

Commission

2006 

√ Achieved 

In  March,  2004  the  European  Council  asked  the  Commission  “to  mainstream  counter-
terrorism  objectives  into  external  assistance  programmes.”  The  Commission  has  been 
working  with  country  and  regional  desks  in  order  to  introduce  counter-terrorism 
objectives into country and regional strategy papers and action plans. The result has so far 
been mixed: the number of occurrences of Counter-Terrorism related objectives in such 
texts has increased but its presence is not yet systematic  

Commission

2006 

√ Achieved 

The  proposal  for  a  Council  Decision  on  the  conclusion,  on  behalf  of  the  European 
Community,  of  the  United  Nations  Convention  against  Corruption  was  presented  on  2 
February  2006342.  The  Council  Decision  2008/801/EC  was  adopted  on  of  25 September 
2008343. 

- 107 - 

EN 

 
  
                                                 
No 

4.2. 
(o) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Commission

2007 

•  Delayed 

This  action  needs  to  await  the  implementation  of  relevant  EC  legislation,  notably  the 
Directive 91/477 and the Regulation on an export/import licensing system.  

United 

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

4.3. JUDICIAL COOPERATION IN CIVIL MATTERS 

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

Green Paper on succession   Commission

2005 

√ Achieved 

4.3. 
(a) 

4.3. 
(b) 

Green Paper on conflicts of 
laws  and  jurisdiction  on 
divorce matters (Rome III) 

4.3. 
(c) 

Proposal  on  conflicts  of 
laws regarding contractual 

344 
345 

COM(2005) 65 final. 
COM(2005) 82 final. 

EN 

The Commission adopted the Green Paper on 1 March 2005344. Public consultation was 
concluded on 30 September 2005 (more than 60 answers were received). 

Commission

2005 

√ Achieved 

The Commission adopted the Green Paper on 14 March 2005345, which drew more than 
60 answers. 

Commission

2005 

√ Achieved 

The  Commission  presented  a  proposal  for  a  regulation  on  the  law  applicable  to 

- 108 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

obligations (Rome I)  

State of play 

contractual  obligations  (Rome  I)  on  15  December  2005346.  The  Regulation  (EC) 
No 593/2008 was adopted on 17 June 2008347. 

Proposal on small claims   Commission

2005 

√ Achieved 

4.3. 
(d) 

4.3. 
(e) 

Proposals  on  maintenance 
obligations 

The  Commission  presented  a  proposal  for  a  regulation  establishing  a  European  Small 
Claims Procedure on 15 March 2005348. The Regulation (EC) No 861/2007 was adopted 
on 11 July 2007349. 

Commission

2005 

√ Achieved 

The  Commission  presented  a  proposal  for  a  Council  Regulation  on  jurisdiction, 
applicable  law,  recognition  and  enforcement  of  decisions  and  cooperation  in  matters 
relating  to  maintenance  obligations  on  15  December  2005350.  The  Council  Regulation 
(EC) No 4/2009 was adopted on 18 December 2008351. 

4.3. 
(f) 

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

Council/Eur
opean 
Parliament 

2006 

√ Achieved352 

Regulation (EC) N° 864/2007 on the law applicable to non-contractual obligations (Rome 
II) was adopted on 11 July 2007353. 

346 
347 
348 
349 
350 
351 
352 
353 

COM(2005) 650 final. 
OJ L 177, 4.7.2008, p. 6. 
COM(2005) 87 final. 
OJ L 199, 31.7.2007, p. 1. 
COM(2005) 649 final. 
OJ L 7, 10.1.2009, p. 1. 
Achieved in 2007. 
OJ L 199, 31.7.2007, p. 40. 

EN 

- 109 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

4.3. 
(g) 

4.3. 
(h) 

4.3. 
(i) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

Adoption  of  a  regulation 
establishing  a  European 
payment order procedure 

Council/Eur
opean 
Parliament 

Adoption  of  a  directive  on 
aspects 
certain 
of 
mediation 
in  civil  and 
commercial matters 

Council/Eur
opean 
Parliament 

2006 

√ Achieved 

Regulation  (EC)  N°  1896/2006  creating  a  European  order  for  payment  procedure  was 
adopted on 12.12.2006354. 

2006 

√ Achieved355 

Directive  2008/52/EC  on  certain  aspects  of  mediation  in  civil  and  commercial  matters 
was adopted on 21 May 2008356. 

laws 

Green Paper on the conflict 
of 
in  matters 
concerning  matrimonial 
property regimes, including 
the  question  of  jurisdiction 
& mutual recognition 

Commission

2006 

√ Achieved 

The Green Paper was adopted on 17 July 2006357. 

4.3. 
(j) 

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

Commission

2006 to 
2007 

√ Achieved358 

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 
accounts359.  The  second  Green  Paper  "effective  enforcement  of  judgments  in  the 
European  Union:  the  transparency  of  debtors'  assets"  was  adopted  on  the  6  March 

354 
355 
356 
357 

OJ L 399, 30.12.2006, p. 1. 
Achieved in 2008. 
OJ L 136, 24.5.2008, p. 3. 
COM(2006) 400 final. 

EN 

- 110 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

4.3. 
(k) 

Green  Paper  on  minimum 
standards 
certain 
aspects of procedural law 

for 

4.3. 
(l) 

4.3. 
(m) 

of 

the 
Evaluation 
possibility  of  completing 
the  abolition  of  exequatur 
and 
(2006 
to 
if 
legislative 
appropriate 

2010), 
proposals 

(EC) 

Proposal 
for  amending 
No 
Regulation 
1348/2000  on  the  service 
in  the  Member  States  of 
judicial  and  extrajudicial 

2008360. 

Commission

2008 

•  Delayed 

Commission

2006 to 
2010 

The need for this measure is under review. The Commission will launch a study to define 
the  needs  as  regards  minimum  standards  for  certain  aspects  of  procedural  law  in  more 
detail in 2009.  

Ongoing  

After  the  publication  of  the  preparatory  study  on  the  report  on  the  application  of  the 
Brussels  I  Regulation  in  September  2007361,  a  report362  and  a  Green  paper363  on  the 
review  of  the  Regulation  were  adopted  in  2009.  A  proposal  for  the  revision  of  the 
Brussels I regulation is expected to be presented in 2010. 

Commission

2005 

√ Achieved 

The Commission presented a proposal for a Regulation amending the Council Regulation 
(EC)  No  1348/2000  on  11  July  2005364.  The  Regulation  (EC)  No  1393/2007  on  the 
service  in  the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  or 
commercial  matters  (service  of  documents),  and  repealing  Council  Regulation  (EC) 

358 
359 
360 
361 
362 
363 
364 
365 

The second Green Paper on the effective enforcement of judicial decisions was delayed to 2008. 
COM(2006) 618 final. 
COM(2008) 128 final. 
http://ec.europa.eu/justice_home/doc_centre/civil/studies/doc/study_application_brussels_1_en.pdf. 
COM(2009) 174 final. 
COM(2009) 175 final 
COM(2005) 305 final. 
OJ L 324, 10.12.2007, p. 79. 

EN 

- 111 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

documents 
commercial matters 

in 

civil  or 

No 1348/2000, was adopted on 13 November 2007365. 

State of play 

- Enhancing cooperation 

4.3. 
(n) 

4.3. 
(o) 

4.3. 
(p) 

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

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

Constant 
improvement 
European Judicial Atlas 

updating 
of 

and 
the 

Commission

2005/2006  √ Achieved366 

The report on the functioning of the EJN was adopted on 16 May 2006367. Based on this 
report, the Commission presented a proposal for a Decision amending Council Decision 
2001/470/EC establishing a European Judicial Network in civil and commercial matters 
on 23 June 2008368. 

Commission Continuous  √ Achieved 

Meetings of the EJN  takes  place regularly. The Internet site  is  updated  continuously.  A 
database on the Brussels I and Brussels II Regulations has been put on line in February 
2008. 

Commission Continuous 

√ Achieved 

New  contract  for  maintenance  of  the  Atlas was  signed  in  2008.  The  website  is  updated 
continuously. 

366 
367 
368 

Achieved in 2007. 
COM(2006) 203 final. 
COM(2008) 380 final. 

EN 

- 112 - 

EN 

 
  
 
                                                 
Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

No 

4.3. 
(q) 

EU support for networks of 
judicial  organisations  and 
institutions 

4.3. 
(r) 

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

the 

4.3. 
(s) 

Annual  European  day  of 
civil justice 

Commission
/Council  of 
Europe 

Commission Continuous  •  Ongoing 

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).  Furthermore,  contacts 
with organisations involved in designing justice policies and evaluating them are assured 
involvement via the thematic meetings of the Justice Forum.  

Commission

2006 

√ Achieved369  

The  late  adoption  of  the  financial  programme  Civil  Justice  and  of  the  relevant  Work 
Programme has prevented the Commission from organizing these workshops. However, 
thematic  meetings  of  the  Justice  Forum  facilitate  the  exchange  of  best  practices  among 
representatives  of  the  organisations  gathering  legal  professionals  from  the  EU  Member 
States. Best practices are also promoted by the Crystal Scales of Justice prize awarded on 
a biannual basis by the Commission and the Council of Europe. 

Continuous  √ Achieved  

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.  Furthermore,  civil  justice  is  promoted  by  the  Crystal 
Scales of Justice prize.  

369 

Partially achieved. 

EN 

- 113 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

- Follow-up of the implementation of acts adopted 

State of play 

4.3 
(t) 

4.3. 
(u) 

4.3. 
(v) 

regulation 

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

Commission

2007 

√ Achieved 

The report was adopted on 5 December 2007370. 

the 

Report  on  the  functioning 
of 
I 
Regulation and amendment 
proposal, if appropriate  

Brussels 

Commission

2009 at the 
latest 

√ Achieved 

The report was adopted in April 2009371. 

Report  on  the  functioning 
of  Directive  2004/80/EC 
relating to compensation to 
crime victims 

Commission

By 2009 

√ Achieved 

The report was adopted in April 2009372. 

 - Ensure consistency 

4.3. 
(w) 

Final 
report 
research 
including  a  draft  common 
frame  of  reference  in  the 
field  of  European  contract 

370 
371 
372 

COM(2007) 769 final. 
COM(2009) 174 final. 
COM(2009) 170 final. 

EN 

Commission

2007 

√ 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 

- 114 - 

EN 

 
  
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

law 

State of play 

Green  Paper  on  the  review  of  the  consumer  acquis  that  the  Commission  adopted  on  7 
February  2007373  and  further  for  the  Commission  Proposal  for  Directive  on  Consumer 
Rights adopted on 8 October 2008374. 

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.  On 
December  2008,  the  researchers  delivered  the  final  version  of  the  academic  CFR  to  the 
Commission375. 

4.3. 
(w) 

Adoption  of  a  common 
frame  of  reference  (CFR) 
in  the  field  of  European 
contract law 

- International legal order 

4.3. 
(a) 

Proposal for the conclusion 
Lugano 
new 
a 
of 
Convention 

Commission

2009 

•  Delayed 

The work on the Commission CFR is currently at the stage of assessment of the results 
delivered  by  the  academic  research  group.  The  Commission  is  committed  in  informal 
consultations with the Council and the European Parliament during 2009 before finalising 
the Commission CFR, envisaged to be adopted in 2010. 

Commission

2005 

√ Achieved376 

The  proposal  concerning  the  signing  of  the  Convention  between  the  European 
Community  and  the  Republic  of  Iceland,  the  Kingdom  of  Norway,  the  Swiss 
Confederation,  and  the  Kingdom  of  Denmark  on  jurisdiction  and  the  recognition  and 

373 
374 
375 
376 

OJ C 71, 15.3.2007, p. 1. 
COM(2008) 614 final. 
"Draft Common Frame of Reference (DCFR). Principles, Definitions and model Rules of European Private Law", April 2009. 
Achieved in 2007. 

EN 

- 115 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

4.3. 
(b) 

Proposal for the conclusion 
of parallel agreements with 
Denmark on Brussels I and 
service of documents 

enforcement  of  judgments  in  civil  and  commercial  matters  was  presented  by  the 
Commission  on  6  July  2007377.The  Council  Decision  2007/712/EC  on  the  signing,  on 
behalf  of  the  Community,  of  the  Convention  on  jurisdiction  and  the  recognition  and 
enforcement of judgments in civil and commercial matters was adopted on of 15 October 
2007378.  Furthermore,  on  the  basis  of  the  Commission  proposal  of  February  2008,  the 
Council decided to ratify the new Lugano Convention on 28 November 2008. 

Commission

2005 

√ Achieved 

The  Commission  presented  a  proposal  for  a  decision  regarding  Brussels  I  on  15  April 
2005379  and  a  proposal  for  a  decision  regarding  service  of  documents  on  18  April 
2005380.The Council Decision 2005/790/EC on the signing, on behalf of the Community, 
of  the  Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark  on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters was adopted on of 20 September 2005381. 

The Council Decision 2005/794/EC on the signing, on behalf of the Community, of the 
Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark  on  the 
service  of  judicial  and  extrajudicial  documents  in  civil  or  commercial  matters  was 
adopted on 20 September 2005382. 

4.3.  Conclusion  of  negotiations  Commission 

2005 

√ Achieved 

377 
378 
379 
380 
381 
382 

COM(2007) 387 final. 
OJ L 339, 21.12.2007, p. 1.  
COM(2005) 145 final. 
COM(2005) 146 final. 
OJ L 299, 16.11.2005, p. 61. 
OJ L 300, 17.11.2005, p. 53. 

EN 

- 116 - 

EN 

 
  
                                                                                                                                                                                                                                           
No 

(c) 

Action under the Action 
Plan 

Competent 
body 

Deadline 

on  the  Convention  on  the 
choice of forum 

State of play 

Negotiations  were  concluded  in  June  2005.  On  5  September  2008,  the  Commission 
presented a proposal for a Council Decision on the signing by the European Community 
of the Convention on Choice-of-Court Agreements383. The Council adopted the decision 
on 27 February 2009. 

4.3. 
(d) 

of 

Accession 
the 
Community  to  the  Hague 
Conference 
private 
on 
international law 

4.3. 
(e) 

Conclusion  of  negotiations 
the  Convention  on 
on 
maintenance obligations 

2006 

√ Achieved 

On 5 October 2006, the Council adopted the Decision 2006/719/EC on the accession of 
the  Community  to  the  Hague  Conference  on  Private  International  Law384.  Formal 
accession took place on 3 April 2007. 

Commission

2007 

√ 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. 

-  Convention  on  the  international  recovery  of  child  support  and  other  forms  of  family 
maintenance (concluded 23 November 2007) 

383 
384 

COM(2008) 538 final. 
OJ L 297, 26.10.2006, p. 1. 

EN 

- 117 - 

EN 

 
  
 
                                                                                                                                                                                                                                           
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

4.3. 
(f) 

Ratification  of  the  1996 
on 
Hague  Convention 
Jurisdiction, 
Applicable 
Recognition, 
Law, 
Enforcement 
and 
Cooperation  in  respect  of 
Parental Responsibility and 
Measures for the Protection 
of Children 

4.3. 
(g) 

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

relating 

-  Protocol  on  the  law  applicable  to  maintenance  obligations  (concluded  23  November 
2007) 

Commission

√ Achieved 

On  the  basis  of  the  Commission  proposal  of  2003,  the  Council  adopted  Decision 
2008/431/EC authorising certain Member States to ratify, or accede to, in the interest of 
the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, 
Recognition,  Enforcement  and  Cooperation  in  respect  of  Parental  Responsibility  and 
Measures for the Protection of Children and authorising certain Member States to make a 
declaration on the application of the relevant internal rules of Community law on 5 June 
2008385. This enables all the Member States to ratify the 1996 Convention. 

Commission  

Besides  the  above-mentioned  conventions  and  agreements,  various  actions  have  been 
accomplished: 

1)  On  11  August  2008,  the  Commission  presented  an  amended  proposal  for  a  Council 
Decision  on  the  conclusion  by  the  European  Community  of  the  Convention  on 
International Interests in Mobile Equipment and its Protocol on matters specific to aircraft 
equipment, adopted jointly in Cape Town on 16 November 2001386.  

2)  This  was  followed  by  the  Commission  proposal  of  2  March  2009  for  a  Council 
Decision on the signing by the European Community of the Protocol to the Convention 

385 
386 

OJ L 151, 11.6.2008, p. 36. 
COM(2008) 508 final. 

EN 

- 118 - 

EN 

 
  
 
                                                 
No 

Action under the Action 
Plan 

Competent 
body 

Deadline 

State of play 

on  International  Interests  in  Mobile  Equipment  on  Matters  Specific  to  Railway  Rolling 
Stock, adopted in Luxembourg on 23 February 2007387. 

3)  On  19  December  2008,  the  Commission  proposed  two  Regulations  establishing  a 
procedure  to  authorize  the  Member  States  to  conclude  bilateral  agreements  with  third 
States  in  certain  areas  of  civil  justice  where  exclusive  external  competence  of  the 
Community exists388.  

387 
388 

COM(2009) 94 final. 
COM(2008) 893 final and COM(2008) 894 final. 

EN 

- 119 - 

EN