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 - Follow-up of the implementation of legal instruments in the fields of justice, freedom and security at national level : implementation scoreboard {COM(2009) 263 final} {SEC(2009) 766 final} {SEC(2009) 767 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 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.6.2009 
SEC(2009) 765 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 

Follow-up of the implementation of legal instruments in the fields of justice, freedom 
and security at national level 

Implementation Scoreboard 

{COM(2009) 263 final} 
{SEC(2009) 766 final} 
{SEC(2009) 767 final} 

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   EN 

 
 
 
  
 
 
 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

1. 

GENERAL ORIENTATIONS4 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

1.2. Respect for and active promotion of fundamental rights 

•  Protection of personal data 

of 

Directive 
the 
95/46/EC 
European  Parliament  and  of  the 
Council  of  24  October  1995  on 
the  protection  of  individuals  with 
regard 
the  processing  of 
personal  data  and  on  the  free 
movement of such data5 

to 

24 October 
1998 

Report  from  the  Commission 
on  the  implementation  of  the 
Directive of 15.5.20036, report 
prepared  on  behalf  of 
the 
Commission  on  the  economic 
evaluation  of 
the  Directive 
dated  May  20057  as  well  as 
of 
Communication 
the 
7.3.2007  on  the  follow-up  of 
the Work Programme8.  

All  Member  States  have  adopted  and 
communicated 
the 
Directive. 

legislation  under 

Even  though  all  Member  States  have  now  transposed  the 
Directive,  some  of  them  have  failed  to  incorporate  a  number  of 
its important provisions. In other cases, transposition or practice 
has  not  been  conducted  in  line  with  the  Directive  or  has  fallen 
outside the margin of manoeuvre left to Member States. This has 
resulted  in  a  number  of  infringement  proceedings.  In  two  cases 
concerning  incorrect  implementation  and  application  of  the 
Directive,  Germany  was  sent  a  reasoned  opinion  on  29  June 
2007  in  one  case  and  referred  to  the  Court  on  22  November 
2007 (case C-518/07, still pending) in another case. 

1 
2 
3 
4 
5 
6 
7 
8 

Taking into account only the instruments for which the deadlines for implementation or for entry into force had passed by the cut-off date of 31 March 2009. 
Excluding correspondence, complaints and petitions to the European Parliament and to the Commission. 
At the cut-off date of 31 March 2009. 
This table uses the same classification/titles as provided for under the Hague Action Plan. 
OJ L 281, 23.11.1995, p. 31. 
First report on the implementation of the Data Protection Directive 95/46/EC - COM(2003) 265. 
http://europa.eu.int/comm/justice_home/fsj/privacy/studies/index_en.htm. 
Communication from the Commission to the European Parliament and the Council on the follow-up of the Work Programme for better implementation of the Data Protection Directive 
– COM(2007) 87 final. 

EN 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

1.4. European strategy on drugs 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

EN 

- 3 - 

EN 

 
  
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

The  Drugs  Action  Plan  (2005-
2008) in the framework of the EU 
Drugs Strategy 2005-2012 

2008 

Commission  annual  progress 
review  on  implementation  of 
the  Action  Plan  by  all 
stakeholders (Member States, 
Commission, 
EMCDDA, 
Europol).  The  first  progress 
review  was  presented 
in 
December 2006 followed by a 
progress  review  presented  in 
December 
Final 
evaluation  was  presented  on 
18 September 2008.10 

20079. 

Not applicable in a legal sense, but there 
is consensus among the Member States 
to  report  to  the  Commission  under  the 
Action  Plan.  There  are  regular  reporting 
activities  from  Member  States  to  the 
Commission,  the  EMCDDA  (through  the 
Reitox network) and Europol. 

The  2007  Progress  Review  reports  on  progress  achieved  by  all 
stakeholders (Member States, Commission, EMCDDA, Europol) 
and on aspects to improve. 
The 2008 Final Evaluation showed that the objectives of the Plan 
have been partly achieved:  
-  Although  drug  use  in  the  EU  remains  at  high  levels,  available 
data  suggest  that  the  use  of  heroin,  cannabis  and  synthetic 
drugs has stabilised or is declining but that cocaine use is rising 
in a number of Member States.  
-  Data  available  for  comparable  countries  in  other  parts  of  the 
world  show  that  the  consumption  of  cannabis,  cocaine,  and 
amphetamines in the EU is significantly lower than, for instance, 
in the US.  
-  Evidence  shows  that  the  EU  is  succeeding  in  at  least 
containing  the  complex  social  phenomenon  of  widespread 
substance  use  and  abuse  in  the  population,  and  that  it  is 
increasingly focusing on measures to address the  harm caused 
by drugs to individuals and society.  
-  In  terms  of  international  cooperation,  there  is  now  better 
coordination  of  EU  positions  in  international  fora  on  drugs. 
Moreover,  the  EU’s  integrated  and  balanced  approach  to  drugs 
is increasingly serving as a model for other countries worldwide. 
While  progress  has  been  made  in  many  areas,  weaknesses 
have also been identified. Policy coordination problems persist in 
many  areas,  within  the  Commission,  between  Member  States, 
and within Member States, and even if the quality of information 
on the EU situation regarding drug use, prevention and treatment 
has  consistently 
improved,  considerable  knowledge  gaps 
remain. 

9 
10 

EN 

Communication from the Commission on the 2007 Progress Review of the implementation of the EU Action Plan on Drugs (2005-2008) – COM(2007) 781 final. 
Communication on an EU Drugs Action Plan (2009-2012), accompanied by a Final Evaluation of the EU Drugs Action Plan 2005-2008 – COM(2008) 567/4 and 
SEC(2008) 2456. The evaluation was carried out by the Commission with the support of the Member States, the European Monitoring Centre on Drugs and Drug 
Addiction (EMCDDA), Europol, and European NGO networks represented in the Civil Society Forum.  

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Legal instrument1 

Council  Framework  Decision 
2004/757/JHA  of  25  October 
laying  down  minimum 
2004 
provisions  on 
the  constituent 
elements  of  criminal  acts  and 
penalties in the field of illicit drug 
trafficking.11 

Deadline for 
implementa-
tion/ entry 
into force 

12 May 2006 

Reports and other in-
depth analysis2 

A report from the Commission 
is due  by 12 May  2009 under 
the  Framework  Decision, 
which should serve as a basis 
the 
report 
for 
Council, due by 12 November 
2009.  

from 

the 

Communication of national 
measures to the Commission 

Belgium,  Bulgaria,  Czech  Republic, 
Denmark,  Germany,  Estonia,  France, 
Latvia, Lithuania, Luxembourg, Hungary, 
Netherlands,  Austria,  Poland,  Portugal, 
Romania,  Slovenia,  Slovakia,  Finland 
and  Sweden  have  communicated  their 
transposition measures. 
Ireland,  Greece,  Spain,  Italy,  Cyprus, 
Malta and UK have not yet fulfilled their 
communication obligation. 

Council  Decision  2005/387/JHA 
of  10  May  2005  on 
the 
information 
risk 
assessment  and  control  of  new 
psychoactive substances.12 

exchange, 

21 May 2005 

The  EMCDDA  and  Europol 
must  report  annually  to  the 
European  Parliament, 
the 
Council  and  the  Commission 
on 
this 
implementation  of 
Decision. 

If  the  Council  decides  to  submit  a  new 
psychoactive 
control 
substance 
measures,  Member  States  shall  report 
the  measures  taken  to  the  Council  and 
the Commission. 

to 

Current state of play3 

Compliance/application 

The  report  on  transposition  is  not  yet  available.  Details  will  be 
provided  in  the  Commission's  report,  due  by  12  May  2009. 
Amendments are likely to be called for. 

The  2006  report  from  the  EMCDDA  and  Europol  analysed  the 
first months of implementation. The 2007 Report reflected on the 
implementation  of  the  instrument  in  2006:  7  new  substances 
were  notified.  The  EMCDDA  and  Europol  produced  a  Joint 
Report  on  one  of  them,  called  BZP.  On  23  March  2007  the 
Council requested a risk assessment on psychoactive substance 
BZP  to  be  carried  out  by  the  extended  Scientific  Committee  of 
the EMCDDA. On 16 July 2007 the Commission decided on the 
basis  of  the  evidence  collected  through  the  risk  assessment 
procedure to propose to the Council to make the BZP subject to 
drug  control  measures  and  criminal  provisions.  The  proposal 
was discussed and approved by the Horizontal Working Party on 
Drugs on 10 September 2007. The Council adopted the Decision 
on  7  March  2008  (2008/206/JHA)13  and  Member  States  shall 
take  the  necessary  measures  no  later  than  one  year  from  this 
date. 

11 
12 
13 

OJ L 335, 11.11.2004, p. 8. 
OJ L 127, 20.5.2005, p. 32. 
OJ L 64, 7.3.2008, p. 45 

EN 

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Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Five  Commission  reports  on 
the  Union, 
Citizenship  of 
20.12.199314, 
dated 
7.9.200116, 
27.5.199715, 
26.10.200417  and  15.2.2008 
(from 
to 
30.6.2007)18.  

1.5.2004 

Not applicable.  

All  Commission  reports  focus  on  the  provisions  of  Part  Two  of 
the  EC  Treaty  related  to  the  rights  of  Union  citizens.  The 
Commission's  5th  Report  on  Citizenship  of  the  Union,  which 
covers  the  first  years  following  the  Union's  enlargement  to  12 
new  Member  States,  highlights  a  number  of  developments  and 
problems encountered in this area. 

Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

2. 

STRENGTHENING FREEDOM 

2.1. Citizenship of the Union 

Article  22  of 
the  EC  Treaty: 
reports  from  the  Commission  to 
the  European  Parliament,  to  the 
Council and to the Economic and 
three 
Social  Committee  every 
years  on  the  application  of  the 
provisions  of  Part  Two  of  the 
Treaty  on  “citizenship  of 
the 
Union” 

14 
15 
16 
17 
18 

COM(1993) 702 final. 
COM(1997) 230 final. 
COM(2001) 506 final. 
COM(2004) 695 final. 
COM(2008) 85 final. 

EN 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Directives  90/364  of  28  June 
199019, 90/365 of 28 June 199020 
and  93/96  of  29  October  199321 
on 
the  right  of  residence  of 
inactive persons, pensioners and 
students  

Expired22 

1992-1999) 
(period 

Two  Commission 
reports 
were  adopted  on  17.3.199923 
(period 
and 
5.3.200324 
1999-
2002).  A  third  and  last  report 
was 
the 
Commission  on  5.4.200625 
(period 2003-2005). 

adopted 

by 

All  Member  States  have  adopted  and 
communicated 
transposing 
measures.  

national 

Application  is  basically  satisfactory,  as  the  declining  number  of 
complaints  received  by  the  Commission  shows.  Nevertheless, 
there  are  still  individual  cases  of  non-compliance  or  incorrect 
application. 
Netherlands was ruled against by the Court for non-compliance 
with  the  Directive  90/364  on  10  April  2008  (case  C-2006/398). 
The  Netherlands  has  adopted  legislation  to  comply  with  the 
judgement but the Commission is still examining how this applies 
in practice. 
On 17 October 2007 the Commission decided to refer France to 
the Court for non-compliance with Directives 90/364, 90/365 and 
93/96. 
Belgium  was  ruled  against  by  the  Court  for  non-compliance 
notably  with  Directive  90/364  on  23  March  2006  (case  C-
408/03).  On  23  October  2007  the  Commission  sent  a  reasoned 
opinion  under  Article  228  of  the  EC  Treaty  for  non-compliance 
with  the  judgement  of  the  Court.  New  legislation  adopted  by 
Belgium appears to rectify the infringement. 

19 
20 
21 
22 
23 

24 
25 

OJ L 180, 13.7.1990, p. 26. 
OJ L 180, 13.7,1990, p. 28. 
OJ L 317, 18.12.1993, p. 59. 
The three Directives were repealed with effect from 30 April 2006 by Directive 2004/38/EC of 29 April 2004. 
Report  from  the  Commission  to  the  Council  and  the  European  Parliament  on  the  implementation  of  Directives  90/364,  90/365  and  93/96  (right  of  residence)  - 
COM(1999) 127. 
Second Commission report to the Council and Parliament on the implementation of Directives 90/364, 90/365 and 93/96 (right of residence) - COM(2003) 101. 
Third Commission report to the Council and Parliament on the application of Directives 93/96, 90/364, 90/365 on the right of residence for students, economically 
inactive and retired Union citizens – COM(2006) 156 final. 

EN 

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EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

the  scope  of 

Directive  64/221  of  25 February 
the  co-ordination  of 
1964  on 
special measures concerning the 
movement  and 
residence  of 
foreign  nationals  which  are 
justified  on  grounds  of  public 
policy,  public  security  or  public 
health26;  Directive  72/194  of  18 
May  1972  extending  to  workers 
exercising  the  right  to  remain  in 
the  territory  of  a  Member  State 
after  having  been  employed  in 
that  State 
the 
Directive  of  25  February  196427; 
Directive 73/148 of 21 May 1973 
on the abolition of restrictions on 
movement  and  residence  within 
the  Community  for  nationals  of 
Member  States  with  regard  to 
establishment  and  the  provision 
of  services28;  Directive  75/34  of 
17  December  1974  concerning 
the 
right  of  nationals  of  a 
Member  State  to  remain  in  the 
territory of another Member State 
after  having  pursued  therein  an 
activity 
self-employed 
a 
capacity29;  Directive  75/35  of  17 
December  1974  extending  the 
scope  of  Directive  64/221 
to 
include  nationals  of  a  Member 
State  who  exercise  the  right  to 
remain  in  the  territory  of  another 
Member  State  after  having 
26 
pursued  therein  an  activity  in  a 
self-employed capacity30 
27 
28 
29 

in 

Expired31 

A  Commission 
report  on 
Directive 64/221  was adopted 
on 19 July 199932. 

Communication 
measures 
transposing  Directives  72/194,  73/148, 
75/34, 75/35 and 64/221 is completed.  

of 

Application  of  these  directives  is  basically  satisfactory,  as  the 
declining  number  of  complaints  received  by  the  Commission 
shows.  Nevertheless,  there  are  still  individual  cases  of  non-
compliance or incorrect application. 
Netherlands  was  ruled  against  by  the  Court  in  two  cases  of 
incorrect application of Directive 64/221 in expulsion cases, on 7 
June  2007  (joint  cases  C-2006/050).  The  Commission  is 
examining the measures adopted by the Netherlands (the Aliens 
Circular) to comply with the judgement. 
Belgium  was  ruled  against  by  the  Court  for  non-compliance 
notably  with  Directive  90/364  on  23  March  2006  (case  C-
408/03).  On  23  October  2007  the  Commission  sent  a  reasoned 
opinion  under  Article  228  of  the  EC  Treaty  for  non-compliance 
with  the  judgement  of  the  Court.  New  legislation  adopted  by 
Belgium appears to rectify the infringement. 
Italy  was  sent  a  reasoned  opinion  on  1  December  2008  for 
incorrect application of Directives 68/360 and 73/148. 

OJ 56, 4.4.1964, p. 850, English special edition Series I Chapter 1963-1964, p. 117. 
OJ L 121, 26.5.1972, p. 32, English special edition Series I Chapter 1972(II), p. 474. 
OJ L 172, 28.6.1973, p. 14. 
OJ L 14, 20.1.1975, p. 10. 

EN 

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EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

of 

reside 

the 
2004/38 
Directive 
European  Parliament  and  of  the 
Council  of  29  April  2004  on  the 
right of citizens of the Union and 
their  family  members  to  move 
the 
and 
territory  of  the  Member  States 
amending  Regulation  (EEC)  No 
1612/68 and repealing Directives 
64/221,  68/360,  72/194,  73/148, 
75/34, 75/35, 90/364, 90/365 and 
93/9633 

freely  within 

Implementa-
tion due by 30 
April 2006 

A  Commission 
report  on 
was 
Directive 
adopted  on  10  December 
2008. 

2004/38 

All  Member  States  have  adopted  and 
transposing 
communicated 
measures. 

national 

The  Commission  Report  shows  that  the  overall  transposition  of 
Directive 2004/38 is rather disappointing. Not one Member State 
has  transposed  the  Directive  effectively  and  correctly  in  its 
entirety.  Not  one  Article  of  the  Directive  has  been  transposed 
effectively and correctly by all Member States. 
On  the  other  hand,  in  some  areas  Member  States  adopted 
transposition  measures  that  are  more  favourable  to  EU  citizens 
and their family members than required by the Directive itself. 
In the thirty months since the Directive has been applicable, the 
Commission has received more than 1800 individual complaints, 
40  questions  from  the  Parliament  and  33  petitions  on  its 
application.  It  has  registered  115  complaints  and  opened  five 
infringement cases for incorrect application of the Directive. 
The  problems  revealing  persistent  violation  of  the  core  rights  of 
EU citizens are mostly related to: 
- the right of entry and residence of third country family members 
(problems  with  entry  visas  or  when  crossing  the  border, 
conditions attached to the right of residence not foreseen in the 
Directive and delayed issue of residence cards); 
- the requirement for EU citizens to submit with the applications 
for residence additional documents not foreseen in the Directive. 
The difficult issues of interpretation which have arisen so far can 
be  addressed  by  issuing  guidelines  following  further  discussion 
and clarification. 

30 
31 
32 
33 

OJ L 14, 20,1,1975, p. 14. 
The three Directives were repealed with effect from 30 April 2006 by Directive 2004/38/EC of 29 April 2004. 
COM(1999) 372 final. 
OJ L 158, 30.4.2004, p.77. 

EN 

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Legal instrument1 

for 

93/109/EC 

Directive 
of 
6 December  1993  laying  down 
detailed  arrangements 
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 nationals34 

1976  Act39  on  the  election  of 
representatives  of  the  European 
Parliament  by  direct  universal 
suffrage  as  amended  by  Council 
Decision 
2002/772/EC, 
Euratom40 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion  due  by  1 
February 1994  

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Two  Commission  reports  on 
its  application  were  adopted 
on  7  January  199835  and  on 
18  December  200036.  On  12 
December 
the 
Commission  adopted  a  third 
report:  Communication  on 
European elections 200437.  

2006 

Communication  of  national  measures  is 
considered satisfactory. 

the  Directive 

is  currently  being  assessed  by 

Conformity  of  the  legislation  of  the  12  newest  Member  States 
the 
with 
Commission.  Requirement  of  a  permanent  residence  or  other 
additional  conditions  imposed  on  EU  citizens  are  amongst 
difficulties  that  the  assessment  revealed.  Discussions  and 
contacts with the Member States shall take place in 2009 in view 
of ensuring correct implementation of the Directive.  
In  2006  the  Commission  proposed  to  amend  the  Directive 
93/109  by  introducing  measures  that  lighten  the  burden  on 
candidates  and  Member  States  while  providing  the  necessary 
guarantees against abuses38.  
Implementation by the 12 new Member States is currently being 
assessed by the Commission. 

Implementa-
tion  due  by  1 
April 2004 

No  report  provided  for  under 
the Decision. 

Not applicable 

A study for assessing conformity of the legislation of the Member 
States with the Act has been launched in 2008. Final results are 
expected for 2009.  

34 
35 
36 
37 

38 

39 
40 

OJ L 329, 30.12.1993, p. 34. 
COM(1997) 731. 
COM(2000) 843. 
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) – COM(2006) 790 final. 
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 nationals – COM(2006) 791 
final. 
The Act is annexed to Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 (OJ L 278, 8.10.1976, p. 5). 
OJ L 283, 21.10.2002. 

EN 

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EN 

 
  
                                                 
Legal instrument1 

for 

94/80 

of 
Council  Directive 
19 December  1994  laying  down 
detailed  arrangements 
the 
exercise  of  the  right  to  vote  and 
in 
to  stand  as  a  candidate 
municipal elections by citizens of 
the  Union  residing  in  a  Member 
State  of  which 
they  are  not 
nationals41  

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion  due  by  1 
January 1996 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

two 

A  Commission 
report  was 
adopted  on  30  May  200242, 
together  with 
reports, 
dated 22 November 1999 and 
22 August  2005,  on  granting 
derogation  pursuant  to  Article 
19(1)  of 
the  EC  Treaty, 
presented  under  Article  12(4) 
of Directive 94/8043.  
A  second  Commission  report 
is envisaged in 2009. 

Communication  of  national  measures 
can  be  considered  satisfactory  for  all 
Member States. 

Implementation  by  the  12  newest  Member  States  is  currently 
the  Commission.  Requirement  of  a 
being  assessed  by 
permanent  residence  or  additional  conditions  imposed  on  EU 
citizens  are  amongst  problems  that  the  assessment  revealed. 
Discussions  and  contacts  with  the  Member  States  shall  take 
place  in  2009  in  view  of  ensuring  correct  implementation  of  the 
Directive.  
Legal 
Member States covered by the 2002 report44. 
Results  in  practice  have  not  been  so  successful,  since  the 
proportion  of  non-national  EU  citizens  entered  on  the  electoral 
rolls is generally rather low. 

implementation  was  considered  satisfactory 

the 

for 

41 

42 
43 
44 

OJ L 368, 31.12.1994, p. 38. Directive as last amended by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic 
of Cyprus, 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 and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33). 
COM(2002) 260. 
COM(1999) 597 and COM(2005) 382. 
Luxemburg and Belgium benefit from derogations permitted under the Directive. 

EN 

- 11 - 

EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

2.2. Asylum, immigration, frontiers 

Regulation (EC) No 1987/2006 of 
the  European  Parliament  and  of 
the  Council  of  20  December 
2006  on 
the  establishment, 
operation  and  use  of  the  second 
generation Schengen Information 
System (SIS II)45 

into 
Entry 
force: 
17 
January 2007 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

II 

is 
on 

is 
Two  years  after  SIS 
brought 
into  operation  and 
every two years thereafter the 
Commission  or,  when  it  is 
established,  the  management 
to  produce  a 
authority 
report 
technical 
the 
functioning  of  SIS  II  and  the 
communication infrastructure. 
Three  years  after  SIS  II  is 
brought 
into  operation  and 
every  four  years  thereafter, 
the Commission is to produce 
report  on  an  overall 
a 
evaluation of SIS II. 

Not applicable. 

Member States shall provide the Management Authority and the 
Commission with the information necessary to draft the reports. 

45 

EN 

OJ L 381, 28.12.2006, p. 4. This Regulation, as well as Regulation 1986/2006 of the European Parliament and of the Council of 20 December 2006 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) form a package with Council Decision 2007/533/JHA (OJ L 205, 7.8.2007, p. 63). 

- 12 - 

EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council  Decision  2007/533/JHA 
of  12th  June  2007  on 
the 
establishment, operation and use 
second 
of 
generation 
Schengen 
Information  System 
(SIS II) 

the 

into 
Entry 
force: 2nd July 
2007 

Regulation  (EC)  No  767/2008 
concerning  the  Visa  Information 
System  (VIS)  and  the  exchange 
of  data  between  Member  States 
(VIS 
on 
Regulation)

short-stay 
46
 .  

visas 

into 
2 

Entry 
force: 
September 
2008  

II 

is 
on 

is 
Two  years  after  SIS 
into  operation  and 
brought 
every two years thereafter the 
Commission  or,  when  it  is 
established,  the  management 
to  produce  a 
authority 
technical 
the 
report 
functioning  of  SIS  II  and  the 
communication infrastructure. 
Three  years  after  SIS  II  is 
brought 
into  operation  and 
every  four  years  thereafter, 
the Commission is to produce 
a 
report  on  an  overall 
evaluation of SIS II. 
Two  years  after  the  VIS  is 
into  operation  and 
brought 
every  two  years  thereafter, 
the Commission or, when it is 
established,  the  Management 
Authority  is to submit a report 
to  the  European  Parliament, 
the 
the 
Commission  on  the  technical 
functioning  of  the  VIS.  Three 
years  after  the  VIS  is  brought 
into  operation  and  every  four 
years 
the 
Commission  is  to  produce  an 
overall  evaluation  of  the  VIS. 
The Commission is to transmit 
the  evaluation  reports  to  the 
European  Parliament  and  the 
Council. 

thereafter, 

Council 

and 

Not applicable. 

Member States shall provide the Management Authority and the 
Commission with the information necessary to draft the reports. 

Not applicable. 

Member States shall provide the Management Authority and the 
Commission with the information necessary to draft the reports. 

46 

OJ L 218 of 13.8.2008, p. 60. 

EN 

- 13 - 

EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

of 

authorities 

access 
the 

Council  Decision  2008/633/JHA 
concerning 
for 
Visa 
consultation 
(VIS)  by 
Information  System 
designated 
of 
Member  States  and  by  Europol 
for 
the 
purposes 
and 
prevention, 
investigation  of  terrorist  offences 
and  of  other  serious  criminal 
offences

detection 

the 

of 

47

into 
2 

Entry 
force: 
September 
2008 

report  on 

Two  years  after  the  VIS  is 
into  operation  and 
brought 
every  two  years  thereafter, 
the Commission or, when it is 
established,  the  Management 
Authority  is  to  submit  to  the 
the 
European  Parliament, 
Council  and  the  Commission 
a 
technical 
functioning  of  the  VIS.  Three 
years  after  the  VIS  is  brought 
into  operation  and  every  four 
years 
the 
Commission  is  to  produce  an 
overall  evaluation  of  the  VIS. 
The Commission is to transmit 
the 
the 
European  Parliament  and  the 
Council. 

thereafter, 

evaluation 

the 

to 

Not applicable. 

Member  States  and  Europol  shall  provide  to  the  Management 
Authority and the Commission the information necessary to draft 
the reports. 

2.3. Common European Asylum System 

Council  Regulation 
(EC)  No 
2725/2000 of 11 December 2000 
concerning  the  establishment  of 
'EURODAC'  for  the  comparison 
of  fingerprints  for  the  effective 
application 
the  Dublin 
Convention48 

of 

into 

Entry 
force: 
15 December 
2000 

Annual  Commission  reports 
were  adopted  on  5  May 
200449,  20  June  200550,  15 
September 
11 
September  200752  and  26 
January 200953.  

200651, 

Not applicable. 

The  Commission  reports  show  very  satisfactory  results  on  the 
activities  of  EURODAC,  although  certain  difficulties  were 
detected  on  a  case-by-case  basis,  such  as  excessive  delay  for 
the  transmission  of  data  to  the  EURODAC  Central  Unit,  low 
quality of data sent by some Member States or proper respect of 
data protection rules. 

47 
48 
49 
50 
51 
52 

OJ L 218 of 13.8.2008, p. 129. 
OJ L 316, 15.12.2000, p. 1. 
SEC(2004) 557. 
SEC(2005) 839. 
SEC(2006) 1170. 
SEC(2007) 1184. 

EN 

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EN 

 
  
 
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

and 

Council  Directive  2001/55  of  20 
July 2001 on minimum standards 
for giving temporary protection in 
the  event  of  a  mass  influx  of 
displaced 
on 
persons 
measures  promoting  a  balance 
of  efforts  between  Member 
States  in  receiving  such  persons 
and  bearing  the  consequences 
thereof54 
Council  Directive  2003/9/EC  of 
27  January  2003  laying  down 
minimum  standards 
the 
reception of asylum seekers56 
Council  Regulation 
(EC)  No 
343/2003  of  18  February  2003 
the  criteria  and 
establishing 
mechanisms  for  determining  the 
Member  State  responsible 
for 
examining  an  asylum  application 
lodged  in  one  of  the  Member 
States 
third-country 
a 
national59 

for 

by 

Implementa-
tion due by 31 
December 
2002 

A Commission report was due 
by  31 December  2004,  but 
because  of  its  specific  nature 
this  Directive  has  not  been 
applied  and  no  report  has 
been drafted. 

All  Member  States  have  adopted  and 
communicated 
transposing 
measures55. 

national 

Implementa-
tion  due  by  6 
February 2005 

A report from the Commission 
was adopted on 26 November 
200757.  

All  Member  States  have  adopted  and 
communicated 
transposing 
measures58. 

national 

According to the Commission's Report, overall, the Directive has 
been transposed satisfactorily in the majority of Member States. 
Only  a  few  horizontal  issues  of  incorrect  transposition  or 
misapplication of the Directive are highlighted. 

into 

Entry 
force: 
17 March 
2003 

An  evaluation 
adopted on 6 June 200760. 

report  was 

Not applicable. 

for 

According to the Commission's Report, overall, the objectives of 
the  Dublin  system,  notably  to  establish  a  clear  and  workable 
mechanism 
asylum 
applications, have to a large extent been achieved. Owing to the 
lack  of  precise  data  it  was  not  possible  to  evaluate  the  cost  of 
Dublin system. Nevertheless some concerns remain, both on the 
practical application and the effectiveness of the system. 

responsibility 

determining 

for 

53 
54 
55 
56 
57 

58 
59 
60 

COM(2009) 13 final. 
OJ L 212, 7.8.2001, p. 12. 
Denmark and Ireland are not bound by this Directive. 
OJ L 31, 6.2.2003, p. 18. 
Report from the Commission to the Council and to the European Parliament on the application of Directive 2003/9/EC of 27 January 2003 laying down minimum 
standards for the reception of asylum seekers – COM(2007) 745 final. 
Denmark and Ireland are not bound by this Directive. 
OJ L 50, 25.2.2003, p. 1. 
Report from the Commission to the European Parliament and the Council on the evaluation of the Dublin system – COM(2007) 299 final. 

EN 

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EN 

 
  
 
 
                                                                                                                                                                                                                                           
Legal instrument1 

for 

Council  Directive  2004/83/EC  of 
29  April  2004  on  minimum 
the  qualification 
standards 
and  status  of 
third  country 
nationals or stateless persons as 
refugees  or  as  persons  who 
otherwise 
international 
protection and the content of the 
protection granted61 

need 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion 
and 
communicatio
n  due  by  10 
October 2006 

Reports and other in-
depth analysis2 

A  Commission  report  will  be 
presented  by  October  2009. 
the 
first 
After 
Commission  has  a  reporting 
obligation every five years. 

report 

the 

Current state of play3 

Compliance/application 

Communication of national 
measures to the Commission 

Hungary, 

Belgium,  Bulgaria,  Czech  Republic, 
Ireland, 
Germany,  Estonia,  Greece, 
France,  Italy,  Cyprus,  Latvia,  Lithuania, 
Luxembourg, 
Malta, 
Netherlands,  Austria,  Poland,  Portugal, 
Romania,  Slovakia  and  Slovenia  have 
adopted  and  communicated  national 
transposing measures62. 
Sweden  and  UK  have  partially  fulfilled 
their obligation. 
Spain and Finland have not yet fulfilled 
their obligation63.  

61 
62 
63 

OJ L 304, 30.9.2004, p. 12. 
Denmark is not bound by this Directive. 
Spain, Finland, Sweden and UK were referred to the Court in June – July 2008 (cases respectively C-2008/272, C-2008/293, C-2008/322, C-2008/256). Finland was 
ruled against by the Court on 5 February 2009.  

EN 

- 16 - 

EN 

 
  
 
                                                 
Current state of play3 

Compliance/application 

Legal instrument1 

Council  Directive  2005/85/EC  of 
1  December  2005  on  minimum 
standards  on  procedures 
in 
Member  States  for  granting  and 
withdrawing refugee status64 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion 
and 
communicatio
n  due  by  1 
December 
2007  and  1 
December 
2008 
15 only) 

(Article 

Reports and other in-
depth analysis2 

A  Commission  report  will  be 
presented  by  1  December 
2009. After the first report the 
Commission  has  a  reporting 
obligation every two years. 

Communication of national 
measures to the Commission 

adopted 

Bulgaria,  Czech  Republic,  Germany, 
Estonia,  Greece,  France,  Italy,  Latvia, 
Lithuania,  Luxemburg,  Hungary,  Malta, 
Netherlands,  Austria,  Poland,  Portugal, 
Romania,  Slovenia,  Slovakia  and  UK 
have 
communicated 
and 
national  transposition  measures  for  the 
obligation expiring 1 December 200765. 
The  Commission  is  examining  national 
transposition  measures  communicated 
for  the  obligation  expiring  1  December 
2008. 
Belgium,  Ireland  and  Sweden  have 
partially fulfilled their obligation. 
Spain,  Cyprus  and  Finland  have  not 
yet fulfilled their obligation66. 

64 
65 
66 

OJ L 326, 13.12.2005, p.13. 
Denmark is not bound by this Directive. 
Spain, Cyprus, Finland and Sweden were sent letters of formal notice on 29 January 2008. Belgium was sent a reasoned opinion on 23 September 2008. 

EN 

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EN 

 
  
 
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

2.4. Legal Migration Including Admission Procedures 

Council  Directive  2003/86  of  22 
September  2003  on  the  right  to 
family reunification67 

Implementa-
tion 
and 
communicatio
n  due  by  3 
October 2005 

from 

report 

First 
the 
Commission  was  due  on  3 
October  2007  under 
the 
Directive.  Publication  of  the 
report  in  October  200868  only 
due to late transposition of the 
Directive  by  Member  States 
and  in  order  to  take  account 
of the results of the Odysseus 
conformity  checking  study. 
Report  will  be  followed-up  by 
a Green paper in the first half 
of 2009. 

All  Member  States  have  adopted  and 
communicated  national 
transposition 
measures69. 

Overall,  the  Directive  has  been  transposed  satisfactorily  in  the 
majority  of  Member  States.  However  a  few  horizontal  issues  of 
incorrect  transposition  or  misapplication  of  the  Directive  had  to 
be  highlighted.  In  addition  the  main  application  problem  is  that 
some "may" provisions of the Directive enabling Member States 
to introduce or maintain certain requirements for the exercise of 
the  right  to  family  reunification  (e.g.  fees,  waiting  period,  stable 
and  regular  resources,  integration  measures  such  as  language 
and  other  test)  are  applied  in  a  too  broad  or  excessive  way, 
restricting the right to family reunification to an extent which runs 
counter the effet utile of the Directive. 

Council Directive 2003/109 of 25 
November  2003  concerning  the 
status  of  third-country  nationals 
who are long-term residents70 

Implementa-
tion 
and 
communicatio
n 
23 
by 
January 2006 

Report  from  the  Commission 
due  by  23  January  2011 
under the Directive. 

Cyprus, 

Latvia, 
Hungary, 

Belgium,  Bulgaria,  Czech  Republic, 
Germany,  Estonia,  Greece,  France, 
Lithuania, 
Italy, 
Luxemburg, 
Malta, 
Netherlands,  Austria,  Poland,  Portugal, 
Romania,  Slovenia,  Slovakia,  Finland 
and  Sweden  have  adopted  and 
communicated 
transposing 
measures71. 
Spain72  has  not  yet 
obligation. 

national 

fulfilled 

its 

67 
68 
69 
70 
71 
72 

OJ L 251, 3.10.2003, p. 12. 
COM (2008) 610 final. 
Denmark, Ireland and UK are not bound by this Directive. 
OJ L 16, 23.1.2004, p. 44. 
Denmark, Ireland and UK are not bound by this Directive. 
Spain was ruled against by the Court for non-communication on 15 November 2007 (case C-2007/059) and has not yet complied with the judgment. On 24 February 
2009 the Commission sent a reasoned opinion under Article 228 of the EC Treaty to Spain. 

EN 

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EN 

 
  
 
 
                                                 
Legal instrument1 

on 

Council Directive 2004/114 of 13 
December 
the 
2004 
conditions  of  admission  of  third-
country nationals for the purpose 
of  studies,  pupil  exchange, 
unremunerated 
or 
voluntary service73 

training 

to 

issued 

Council  Directive  2004/81  of  29 
the  residence 
April  2004  on 
permit 
third-country 
nationals  who  are  victims  of 
trafficking  in  human  beings  or 
who have been the subject of an 
action 
illegal 
immigration,  who  cooperate  with 
the competent authorities76 

facilitate 

to 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion 
and 
communicatio
11 
by 
n 
January 2007. 

Implementa-
and 
tion 
communicatio
n by 5 August 
2006. 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

A  Commission  report  will  be 
presented  by  12  January 
2010, in the light of the spring 
2009  proposal  for  a  Directive 
amending  Directive  2004/114 
scope  of 
to  extend 
its 
remunerated 
to 
application 
trainees  and  au-pairs.  After 
the 
the 
Commission  has  a  periodical 
reporting obligation. 

report 

first 

A Commission report was due 
by  6  August  2008  but  has 
been  postponed,  awaiting  the 
entry  into  force  of  the  Lisbon 
Treaty.  After  the  first  report 
the  Commission 
a 
reporting 
every 
three years. 

obligation 

has 

its 

yet 

not 

fulfilled 

Germany,  Estonia,  Greece,  France, 
Italy, Cyprus, Luxemburg, Malta, Poland, 
Portugal, Romania, Slovakia and Finland 
national transposing measures74. 
The  Commission  is  examining  national 
transposition  measures  communicated 
by  Belgium,  Bulgaria,  Czech  Republic, 
Latvia, Lithuania, Hungary, Netherlands, 
Austria, Slovenia and Sweden. 
Spain 
has 
obligation75. 
Belgium,  Czech  Republic,  Germany, 
Estonia,  Greece,  France,  Italy,  Cyprus, 
Latvia,  Luxemburg,  Malta,  Poland, 
Portugal,  Slovakia  and  Sweden  have 
adopted  and  communicated  national 
transposing measures77. 
The  Commission  is  examining  national 
transposition  measures  communicated 
by  Bulgaria, 
Lithuania,  Hungary, 
Netherlands, Austria, Romania, Slovenia 
and Finland. 
Spain 
has 
obligation78. 

fulfilled 

not 

yet 

its 

73 
74 
75 
76 
77 
78 

OJ L 375, 23.12.2004, p. 12. 
Denmark, Ireland and UK are not bound by this Directive. 
On 19 March 2009 the Commission took a decision to send a reasoned opinion to Spain.  
OJ L 261, 6.8.2004, p. 19. 
Denmark, Ireland and UK are not bound by this Directive. 
Spain was referred to the Court on 19 June 2008 (case C-2008/266). 

EN 

- 19 - 

EN 

 
  
 
 
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council  Directive  2005/71/EC  of 
12  October  2005  on  a  specific 
third-
procedure 
country 
the 
nationals 
purposes of scientific research79 

for  admitting 
for 

Implementa-
tion 
and 
communicatio
n  due  by  12 
October 2007 

A Commission report was due 
to  be  presented  by  13 
December 2008 but has been 
delayed to 2009. 

2.6. Fight Against Illegal Immigration 

Italy, 

Latvia, 

Czech  Republic,  Estonia,  Greece, 
Lithuania, 
France, 
Luxemburg,  Malta,  Poland,  Slovenia, 
Slovakia,  Finland  and  Sweden  have 
adopted  and  communicated  national 
transposition measures80. 
The  Commission  is  examining  national 
transposition  measures  communicated 
by  Belgium,  Bulgaria,  Germany,  Ireland, 
Hungary,  Netherlands,  Austria,  Portugal 
and Romania.  
Spain  and  Cyprus have  not  yet  fulfilled 
their obligation81. 

Council  Directive  2001/40  of  28 
the  mutual 
May  2001  on 
recognition  of  decisions  on  the 
expulsion 
country 
nationals82 

third 

of 

Implementatio
n 
and 
communicatio
n due by: 
2  December 
2002  for  EU-
15  Member 
States; 
21  December 
2007  for  EU-9 
Member 
States 

No  report  provided  for  under 
the Directive. 

All  the  EU-15  Member  States83  have 
adopted  and  communicated  national 
transposing measures. 
Latvia,  Lithuania,  Hungary,  Poland  and 
and 
Slovenia 
communicated  national 
transposition 
measures. 
Czech  Republic,  Estonia,  Malta  and 
Slovakia  have  partially 
their 
obligation. 

adopted 

fulfilled 

have 

79 
80 
81 
82 
83 

OJ L 289, 3.11.2005, p.15 
Denmark and UK are not bound by this Directive. 
Cyprus was sent a reasoned opinion on 8 May 2008. Spain was referred to the Court on 27 November 2008 (case C-2008/523). 
OJ L 149, 2.6.2001, p. 34. 
The EU-12 Member States are not bound to transpose Directive 2001/40/EC before the date when the Schengen acquis will fully apply to them.  

EN 

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EN 

 
  
 
 
                                                 
Legal instrument1 

Council  Directive  2001/51  of  28 
the 
June  2001  supplementing 
provisions  of  Article  26  of  the 
Convention 
the 
Schengen Agreement of 14 June 
198584 

implementing 

Council  Directive  2002/90  of  28 
November  2002  defining 
the 
facilitation  of  unauthorised  entry, 
transit and residence86 

November 

Council Directive 2003/110/EC of 
25 
on 
assistance  in  cases  of  transit  for 
the purposes of removal by air89 

2003 

Deadline for 
implementa-
tion/ entry 
into force 

Implementatio
and 
n 
communicatio
n  due  by  11 
February 2003 

Implementa-
tion 
and 
communicatio
n  due  by  5 
December 
2004 

Implementa-
tion 
and 
communicatio
n  due  by  6 
December 
2005 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

No  report  provided  for  under 
the Directive. 

All  Member  States  have  adopted  and 
communicated 
transposing 
measures85. 

national 

No  report  provided  for  under 
the  Directive.  Evaluation  of 
impact, possible shortcomings 
been 
and 
announced 
the 
Commission87. 

have 
by 

recast 

No  report  provided  for  under 
the Directive. 

All  Member  States  have  adopted  and 
communicated 
transposing 
measures88. 

national 

All  Member  States  have  adopted  and 
communicated  national 
transposition 
measures90, except Spain91.  
The  Commission  is  examining  national 
transposition  measures  communicated 
by Belgium92. 

84 
85 
86 
87 
88 
89 
90 
91 

92 

OJ L 187, 10.7.2001, p. 45. 
Denmark and Ireland are not bound by this Directive. 
OJ L 328, 5.12.2002, p. 17. 
Communication from the Commission on Policy priorities in the fight against illegal immigration of third-country nationals – COM(2006) 402 final. 
Denmark and Ireland are not bound by this Directive. 
OJ L 321, 6.12.2003, p. 26. 
Denmark, Ireland and UK are not bound by this Directive. 
Spain was ruled against by the Court for non-communication on 14 February 2008 (case C-2007/058) and has not yet complied with the judgment. On 23 September 
2008 it was sent a letter of formal notice under Article 228 of the EC Treaty. 
Belgium was ruled against by the Court for non-communication on 8 November 2007 (case C-2007/003). 

EN 

- 21 - 

EN 

 
  
 
 
 
 
 
 
                                                 
Legal instrument1 

Council  Directive  2004/82/EC  of 
29 April 2004 on the obligation of 
carriers 
communicate 
passenger data93 

to 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion 
and 
communicatio
n  due  by  5 
September 
2006 

3. 

STRENGTHENING SECURITY 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

No  reporting  obligation  under 
the Directive. 

Belgium,  Bulgaria,  Germany,  Estonia, 
Italy,  Cyprus,  Luxembourg, 
Spain, 
Hungary,  Malta  and  Netherlands  have 
adopted  and  communicated  national 
transposing measures94. 
The  Commission  is  examining  national 
transposition  measures  communicated 
by  Czech  Republic,  Ireland,  Greece, 
France,  Latvia,  Lithuania,  Austria, 
Portugal,  Romania,  Slovenia,  Slovakia, 
Finland, Sweden and UK. 
yet 
Poland  has  not 
obligation95. 

fulfilled 

its 

3.2. TERRORISM96 

Council  Decision  2005/671/JHA 
of  20  September  2005  on  the 
exchange  of 
information  and 
cooperation  concerning  terrorist 
offences97 

Implementa-
tion due by 30 
June 2006 

No  report  provided  for  under 
the Decision. 

Not  applicable:  there  is  no  obligation  to 
communicate  national  measures  under 
the Decision. 

Not  known:  no  data  available  (no  reports,  no  infringement 
procedures possible). 

93 
94 
95 
96 

97 

OJ l 261, 6.8.2004, p. 24. 
Denmark is not bound by this Directive. 
On 19 March 2009 the Commission decided to send a reasoned opinion to Poland. 
Other legislative instruments relevant to the fight against terrorism are examined in section 4.2 “Judicial cooperation in criminal matters” (such as the Framework 
Decision on terrorism and the European arrest warrant). 
OJ  L  253,  29.9.2005,  p. 22.  Council  Decision  2005/671/JHA  repealed  Council  Decision  2003/48/JHA  of  19  December  2002  on  the  implementation  of  specific 
measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP (OJ L 16, 22.1.2003, p. 68). 

EN 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

3.3. Prevention of and Fight Against Organised Crime 

Joint  Action  of  21  December 
1998  adopted  by  the  Council  on 
the  basis  of  Article  K.3  of  the 
Treaty  on  European  Union,  on 
making  it  a  criminal  offence  to 
a 
in 
participate 
criminal 
organisation 
the  Member 
in 
States of the European Union98  

Council  Decision  of  17  October 
2000  concerning  arrangements 
for cooperation between financial 
intelligence  units  of  the  Member 
States  in  respect  of  exchanging 
information (2000/642/JHA)100 

29  December 
1998  

No  report  provided  for  under 
the Joint Action. 

Not  applicable:  there  is  no  obligation  to 
communicate  national  measures  under 
the Joint Action. 

Joint  Action  repealed  by  the  Council  Framework  Decision 
2008/841/JHA of 24 October 2008 on the fight against organised 
crime99. 

October 

17 
2003 

Under  the  Decision  only  the 
Council  has  a 
reporting 
obligation  (the  deadline  was 
17  October  2004),  but  the 
asked 
Council 
the 
to  prepare  a 
Commission 
report,  which  was  adopted  on 
20 December 2007101. 

Not  applicable,  but  on  24  May  2006  the 
Commission  asked  Member  States  to 
communicate transposition measures102. 
26  Member  States  have  communicated 
their 
Ireland 
sent  an  interim  reply  to  date.  Some 
replies were fairly incomplete. 

transposition  measures. 

Member  States  can  be  largely  considered  as  legally  compliant 
with  most  of  the  key  requirements  of  the  Decision.  However, 
there  seems  to  be  lack  of  clarity  about  the  applicable  legal 
framework  on  financial  intelligence  units  related  data  protection 
issues.  Also,  more  needs  to  be  done  in  terms  of  operational 
cooperation among EU financial intelligence units. 

98 
99 
100 
101 

102 

OJ L 351, 29.12.1998, p. 1.  
OJ L 300, 11.11.2008, p. 42. 
OJ L 271, 24.10.2000, p. 4. 
Report  from  the  Commission  on  the  implementation  of  the  Council  Decision  of  17  October  2000  concerning  arrangements  for  cooperation  between  financial 
intelligence units of the Member States in respect of exchanging information (2000/642/JHA) - COM(2007) 827 final. 
Bulgaria and Romania were requested to do so by letter of 24 January 2007. 

EN 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

3.4. Police and customs cooperation 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Convention  of  18  December 
1997  on  Mutual  Assistance  and 
Cooperation  between  customs 
administrations: 
II-
Convention)103 

(Naples 

their 

to 
Subject 
by 
adoption 
the  Member 
States 
in 
accordance 
with 
respective 
constitutional 
requirements. 
The 
Convention 
been 
has 
ratified  by  all 
Member States 
except  Italy  so 
far.  

the 

In  2004,  a  project  group 
evaluated  the  implementation 
of  Naples  II-Convention.  An 
update  of  that  evaluation  is 
ongoing  by  means  of  a  new 
group, 
project 
under 
Germany's 
leadership  and 
ISEC funding. A report should 
importance  of 
analyse 
assistance  between  customs 
administrations  pursuant 
to 
the  Naples  II-Convention  for 
the  cooperation  referred  to  in 
Title VI of the EU Treaty. The 
report  should  also 
indicate 
what  practical,  political  and 
legal  procedures  are  required 
to  ensure 
the  best 
that 
possible  use  is  made  of  the 
Naples II instruments. 

Not  applicable:  there  is  no  obligation  to 
communicate  national  measures  under 
the Convention. 

The Convention has still not been fully implemented. 

103 

OJ C 24, 23.1.1998, p. 1. 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council 
Position 
Common 
2005/69/JHA of 24 January 2005 
on  exchanging  certain  data  with 
Interpol104 

Implementa-
tion  due  by 
December 
2005 

Position 

The  Commission's  first  report 
on  the  operation  of  Council 
Common 
was 
adopted on 21 April 2006105. It 
followed  by  a 
should  be 
Council report.  
A  second  report 
the 
Commission  was  adopted  on 
1 August 2008106. 

from 

All  Member  States  have  answered  the 
second  questionnaire  that  was  sent  out 
by the Commission in order to gather the 
the 
information 
member  States  according  to  Article  4  of 
the Common Position (June 2007).  

to  be  provided  by 

According  to  the  Commission  report,  the  general  level  of 
transposition is still incomplete and further efforts are required on 
the  part  of  the  Member  States,  but  a  majority  have  largely 
entered into the spirit of the Common Position, mainly by feeding 
the Interpol STD database.  
The  second  Commission 
report  noticed  a  substantial 
improvement  in  the  operation  of  the  Common  position  since 
2006.  Member  States  have  taken  various  steps  in  order  to 
comply with their obligations. However, the implementation of the 
Common  Position  in  the  fullest  sense  of  the  term  is  still 
incomplete  and  requires  a  more  proactive  and  committed  effort 
on the part of the Member States. 

Directive  2006/24/EC  of 
the 
European  Parliament  and  of  the 
Council of 15 March 2006 on the 
retention  of  data  generated  or 
processed in connection with the 
provision  of  publicly  available 
electronic 
communications 
public 
services 
communications  networks  and 
amending 
Directive 
2002/58/EC107 

or 

of 

Implementatio
n  due  by  15 
September 
2007 
18  Member 
have 
States 
the 
elected 
of 
option 
the 
delaying 
implementatio
n  of  certain 
provisions 
until 15 March 
2009 

The  Commission  is  to  submit 
to  the  European  Parliament 
and the Council an evaluation 
of 
this 
the  application  of 
Directive  and  its  impact  on 
and 
economic 
consumers  no  later  than  15 
September 2010. 

operators 

national 

Belgium,  Bulgaria,  Czech  Republic, 
Denmark,  Germany,  Estonia,  Spain, 
France;  Italy,  Cyprus,  Latvia,  Hungary, 
Malta,  Portugal,  Romania,  Slovenia, 
Slovakia  and  Finland  have  adopted  and 
communicated 
transposing 
measures. 
The  Commission  is  examining  national 
transposition  measures  communicated 
by Lithuania, Luxemburg and UK. 
Ireland, Greece, Netherlands,  Austria, 
Poland  and  Sweden  have  not  yet 
fulfilled 
communication 
obligation108. 

their 

The  Directive  being  in  an  advanced  stage  of  its  process  of 
implementation,  its  impact  on  enhancing  security  can  only  be 
fully assessed in the years to come because of the complexity of 
the  retention  of  the  data,  notably  those  communicated  over 
Internet. 

104 
105 
106 

107 
108 

Council Common Position 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol (OJ L 27, 29.1.2005, p. 61). 
COM(2006) 167 final and SEC (2006) 502. 
Report from the Commission to the Council: Second Monitoring and Evaluation Report on the Operation Council Common Position 2005/69/JHA - COM(2008) 502 
final. 
OJ L 105, 13.4.2006, p. 54. 
On 23 September 2008 the Commission sent a reasoned opinion to all these Member States. 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

3.5. Management of crisis within the European Union 

4. 

STRENGTHENING JUSTICE 

4.2. Judicial cooperation in criminal matters 

•  Mutual recognition principle 

EN 

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EN 

 
  
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council  Framework  Decision  of 
13  June  2002  on  the  European 
arrest  warrant  and  the  surrender 
procedures  between  Member 
States (2002/584/JHA)109 

Implementa-
tion due by 31 
December 
2003 

Reports from the Commission 
of 23 February 2005110 and of 
(revised 
24  January  2006 
version 
Italian 
concerning 
legislation)111.  An  updating 
report was adopted on 11 July 
2007112.  
A round of mutual evaluations 
review)  on  practical 
(peer 
implementation 
the 
of 
European 
arrest  warrant, 
based  on  the  Joint  Action  of 
5 December 
was 
launched  by  the  Council  in 
2005  and  is  conducted  in  the 
25  Member  States  from  2006 
the 
to  2009. 
Council  published  a  report 
summarising  the  key  findings 
in  the  first  10  Member  States 
visited.  

In  mid-2007 

1997, 

All  Member  States  have  communicated 
their implementing measures. 

Despite  an  initial  delay  of  up  to  16  months  (Italy)  and  hiccups 
caused by constitutional difficulties in at least two Member States 
(Germany  during  part  of  2005  and  2006,  Cyprus), 
the 
implementation of the Framework Decision has been a success. 
The European arrest warrant has been operational throughout all 
the  Member  States  including  Bulgaria  and  Romania  since  1 
January 2007.  
Although  the  need  for  certain  improvements  in  transposition 
became apparent in 2005, these corrections remain peripheral to 
the  process.  The  list  of  those  Member  States  which  need  to 
make  an  effort  to  comply  fully  with  the  Framework  Decision  is 
still a long one. 
Currently  the  practical  application  of  the  EAW  in  the  Member 
States  is  evaluated  in  the  4th  round  of  mutual  evaluations.  This 
round  will  be  finished  in  2009.  An  overall  report,  based  on  the 
evaluation  reports  on  the  individual  MSs  will  be  drafted  by  the 
Councils General Secretariat. 

109 
110 

111 

112 

OJ L 190, 18.7.2002, p. 1. 
Report from the Commission based on Article 34 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures 
between Member States - COM(2005) 63 and SEC(2005) 267. 
Report from the Commission based on Article 34 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures 
between Member States (revised version) - COM(2006) 8 final and SEC(2006) 79. 
Report from the Commission based on Article 34 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures 
between Member States - COM(2007) 407 final and SEC(2007) 979. 

EN 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council  Framework  Decision 
2003/577/JHA of 22 July 2003 on 
the  execution  in  the  European 
Union of orders freezing property 
or evidence113 

Implementa-
tion  due  by  2 
August 2005 

A report from the Commission 
was adopted on 22 December 
2008114.  According 
the 
to 
the 
Framework  Decision, 
report from the Council, based 
on  the  Commission’s  report, 
was due by 2 August 2006 but 
slow  implementation  by  the 
the 
Member  States  held 
report up.  

Council  Framework  Decision 
2005/214/JHA  of  24  February 
2005  on  the  application  of  the 
principle  of  mutual  recognition  to 
financial penalties115 

Implementa-
tion due by 22 
March 2007 

The  Council  was  to  assess 
the  extent  to  which  Member 
States have complied with this 
Framework  Decision  by  22 
March 2008, on the basis of a 
report  established  by 
the 
Commission,  adopted  on  22 
December 2008116. 

communicated 

Belgium,  Bulgaria,  Czech  Republic, 
Denmark,  Spain,  Estonia,  France, 
Latvia, Lithuania, Hungary, Netherlands, 
Austria,  Poland,  Slovakia,  Finland,  and 
their 
Sweden  have 
transposition measures. 
Cyprus, Slovenia and UK have partially 
fulfilled their communication obligation. 
Germany,  Greece, 
Italy, 
Luxembourg,  Malta,  Portugal  and 
Romania  have  not  yet  fulfilled  their 
communication obligation. 

Ireland, 

communicated 

Czech  Republic,  Denmark,  Estonia, 
France,  Latvia,  Lithuania,  Hungary, 
Netherlands,  Austria,  Slovenia  and 
Finland 
their 
have 
transposition measures. 
Belgium,  Bulgaria,  Germany,  Ireland, 
Greece, 
Cyprus, 
Luxemburg,  Malta,  Poland,  Portugal, 
Romania,  Slovakia,  Sweden  and  UK 
have not yet fulfilled their communication 
obligation. 

Spain, 

Italy, 

The  Commission  report  concludes  that  implementation  of  the 
Framework Decision is not satisfactory. This conclusion is mainly 
drawn  from  the  low  number  of  notifications,  of  which  some 
implementing laws do not even refer to the Framework Decision 
(provisions  were  adopted  in  view  of  implementation  of  some 
other international law instruments). Cyprus and United Kingdom 
have  only  partially  covered  the  provisions  of  the  Framework 
Decision. The legislation sent by Slovenia shows that it has not 
implemented the principle of mutual recognition in that regard. 
National  legislation  received  from  19  Member  States  indicates 
numerous  omissions  and  misinterpretations.  There  is  still  room 
for  improvement,  especially  concerning  direct  contact  between 
judicial  authorities,  grounds  for  refusal  to  recognise  or  execute 
the  freezing  order  and  also  reimbursement.  However,  the  swift 
execution of freezing orders seems ensured. 
The  Commission 
the  degree  of 
implementation  of  the  Framework  Decision  in  the  national 
legislation of the Member States cannot be fully assessed at this 
stage.  The  transposition  is  not  satisfactory  as  only  eleven 
notifications have been provided by Member States.  
The  national  implementing  provisions  generally  are  in  line  with 
the Framework Decision, especially regarding the most important 
issues  such  as  abolishing  dual  criminality  checks  and  the 
recognition  of  decisions  without  further  formality.  Unfortunately 
the  analysis  of  grounds  for  refusal  of  recognition  or  execution 
proved  once  again  that  whereas  almost  all  Member  States 
transposed  them,  they  were  implemented  mostly  as  obligatory 
grounds.  Furthermore,  some  additional  grounds  were  added. 
This practice in clearly not in line with the Framework Decision. 

report  concludes 

that 

113 
114 

115 
116 

OJ L 196, 2.8.2003, p. 45. 
Report from the Commission based on Article 14 of the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of 
orders freezing property or evidence - COM(2008) 885 final. 
OJ L 076, 22.3.2005, p. 16. 
Report  from  the  Commission  based  on  Article  20  of  the  Council  Framework  Decision  2005/214/JHA  of  24  February  2005  on  the  application  of  the  principle  of 
mutual recognition to financial penalties - COM(2008) 888 final. 

EN 

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Council  Framework  Decision 
2006/783/JHA of 6 October 2006 
on the application of the principle 
of  mutual 
to 
confiscation orders117 

recognition 

Implementatio
n  due  by  24 
November 
2008 

Reports and other in-
depth analysis2 

The  Council  is  to  assess  the 
to  which  Member 
extent 
States have complied with this 
Framework  Decision  by  24 
November  2009,  on  the  basis 
of  a  report  established  by  the 
Commission.  

Communication of national 
measures to the Commission 

Compliance/application 

Current state of play3 

Only  four  Member  States  -  Austria, 
Romania,  Finland  and  Sweden  –  have 
communicated 
transposition 
their 
measures before the set deadline. 

It is likely that the preparation of the implementation report of the 
Commission will have to be delayed due to the very low number 
of notifications received at the time of the set deadline.  

117 

OJ L 328, 24.11.2006, p. 59. 

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Legal instrument1 

•  Approximation 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Convention  on  the  protection  of 
the  European  Communities' 
financial interests (PFI) of 26 July 
1995118 and its protocols119 

PFI 

1st 
and 
ECJ 

The 
Convention, 
the 
Protocol 
the 
Protocol 
entered 
into 
force  on  17 
October  2002 
following 
ratification  by 
the 
then  15 
Member 
States120. 
Ratification  of 
2nd 
the 
by 
Protocol 
Italy 
still 
is 
awaited121.  

took 

The  Commission 
the 
initiative  of  adopting  a  report, 
on  25  October  2004,  on 
implementation  by  Member 
States  of  the  Convention  on 
the protection of the European 
financial 
Communities’ 
interests  and  its  protocols122. 
the 
On  14  February  2008 
a 
Commission 
adopted 
the 
second 
the 
implementation 
Convention 
its 
protocols123. 

on 
of 
and 

report 

to 

the  Commission, 

All  EU-15  Member  States,  as  well  as 
Latvia, 
Bulgaria,  Estonia,  Cyprus, 
Lithuania,  Romania,  Slovenia  and 
Slovakia, have fulfilled their obligation to 
transmit 
in 
accordance  with  Article  10  of  the  PFI 
Convention (as also referred to in Article 
7(2) of the 1st Protocol and Article 12(1) 
of  the  2nd  Protocol),  the  texts  of  the 
provisions transposing into domestic law 
imposed  on  Member 
the  obligations 
States  under  the  PFI  instruments  by 
Member States.  

According  to  the  first  report,  although  the  level  of  effective 
criminal-law  protection  of  the  EC’s  financial  interests  has 
increased, gaps and loopholes in the law which allow offences to 
go  unpunished  remain  possible.  The  second  report  reflects  the 
state of play of transposition in the EU-15 Member States in the 
light of conclusions of the previous report as well as with regard 
to  the  EU-12  Member  States.  Notwithstanding  some  progress 
which  was  achieved  since  2004  there  are  still  considerable 
deficits  and  shortcomings  in  criminal  law  protection  of  the 
in  ratification  and 
Community's 
incorrect implementation. 

interests,  delays 

financial 

118 
119 

120 

121 
122 
123 

OJ C 316, 27.11.1995, p. 49. 
Protocol to the Convention on the protection of the European Communities' financial interests of 27 September 1996 (OJ C 313, 23.10.1996, p. 2); protocol on the 
interpretation,  by  way  of  preliminary  rulings,  by  the  Court  of  Justice  of  the  European  Communities  of  the  Convention  on  the  protection  of  the  European 
Communities'  financial  interests  of  29  November  1996  (OJ  C  151,  20.5.1997,  p.  2);  and  second  protocol  to  the  Convention  on  the  protection  of  the  European 
Communities' financial interests of 19 June 1997 (OJ C 221, 19.7.1997, p. 12). 
The Convention, the 1st Protocol and the ECJ Protocol have also entered into force for Bulgaria, Estonia, Cyprus, Latvia, Lithuania, Romania, Slovenia and Slovakia, 
while the ECJ Protocol – for Cyprus, Latvia, Lithuania and Slovakia. 
In addition to the EU-15 Member States, Estonia, Cyprus, Latvia, Lithuania and Slovakia have also ratified the 2nd Protocol. 
COM(2004) 709 and SEC(2004) 1299. 
COM(2008) 77 final and SEC(2008) 188. 

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Legal instrument1 

Council  Framework  Decision  of 
29  May  2000  on 
increasing 
protection  by  criminal  penalties 
and  other  sanctions  against 
counterfeiting  in  connection  with 
the 
the  euro 
(2000/383/JHA)124 

introduction  of 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion due by 31 
December 
2000 
(Article 5a) 
and  29  May 
2001 
(other 
Articles)125  

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

reports, 
Two  Commission 
dated  13 December  2001126 
and  3 September  2003127, 
served  as  a  basis  for  the 
Council reports, the latest one 
being  dated  25  October 
2004128.  The  third  report  from 
the  Commission  was  adopted 
on 17 September 2007129.  

By  now  all  Member  States  have  finally 
provided 
the 
Commission.  

information 

the 

to 

The third report looks at the state of play of transposition of the 
Framework Decision in the 15 Member States in the light of the 
conclusions  of  the  second  report,  as  well  as  at  the  legislative 
situation  in  the  12  "new"  Member  States.  According  to  the  third 
report the transposition of the FD is estimated to be satisfactory 
overall,  despite  some  failures  to  transpose.  The  offences  and 
penalties proposed in the Framework Decision have indeed been 
incorporated  into  the  Member  States'  legislation.  The  euro  is 
therefore protected by the efficient and effective measures called 
for  by  the  Framework  Decision.  The  Framework  Decision  has 
therefore achieved its objective. 

124 

125 
126 

127 

128 
129 

OJ  L  140,  14.6.2000,  p. 1.  Amended  by  the  Council  Framework  Decision  of  6  December  2001  amending  Framework  Decision  2000/383/JHA  on  increasing 
protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (2001/888/JAI) - OJ L 329, 14.12.2001, 
p. 3. 
31 December 2002 for the Council Framework Decision of 6 December 2001. 
Report  from  the  Commission  based  on  Article  11  of  the  Council  Framework  Decision  of  29  May  2000  on  increasing  protection  by  criminal  penalties  and  other 
sanctions against counterfeiting in connection with the introduction of the euro - COM(2001) 771, 13.12.2001 and SEC(2001) 1999. 
Second  Commission  report  based  on  Article  11  of  the  Council  Framework  Decision  of  29  May  2000  on  increasing  protection  by  criminal  penalties  and  other 
sanctions against counterfeiting in connection with the introduction of the euro - COM(2003) 532, 3.9.2003 and SEC(2003) 936. This report does not cover the new 
Article 9a of the Framework Decision on recognition of previous convictions, as inserted by Council Framework Decision 2001/888/JHA of 6 December 2001. The 
Member States had provided no data on this subject by the date of this report. 
DROIPEN 25, rev.2. 
Third report from the Commission based on Article 11 of the Council Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other 
sanctions against counterfeiting in connection with the introduction of the euro - COM(2007) 524, 17.9.2007 and SEC(2007) 1158.  

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Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council  Framework  Decision  of 
15  March  2001  on  the  standing 
of victims in criminal proceedings 
(2001/220/JHA)130 

Implementa-
tion due by 22 
March  2002, 
22 
March 
2004  (Articles 
5  and  6) and 
March 
22 
(Article 
2006 
10) 

for 

2004131. 

The  Commission’s  first  report 
on  implementation  of  all  the 
Articles  (except  Articles  5,  6 
and  10)  was  adopted  on  16 
The 
February 
Council 
report,  dated  24 
February 2005132, endorses in 
substance  the  Commission’s 
conclusions. 
report 
is 
A  supplementary 
planned 
the  EU-10 
Member  States.  The  second 
report  (on  the  implementation 
of Articles 5 and 6), due in the 
last  quarter  of  2004,  was  not 
completed 
to 
delays  in  answers  from  the 
Member States. 
A third report on Article 10, for 
which 
for 
the 
22 March 
transposition 
2006, should also be adopted. 
The  Commission  plans 
to 
present 
report 
combining  these  two  reports 
in April 2009. 

deadline 
is 

time  due 

single 

in 

a 

Italy, 

France, 

Belgium,  Bulgaria,  Czech  Republic, 
Denmark,  Germany,  Estonia,  Ireland, 
Spain, 
Lithuania, 
Luxembourg,  Hungary,  Netherlands, 
Austria,  Poland,  Portugal,  Romania, 
Slovenia, Slovakia, Finland, Sweden and 
United  Kingdom  have  communicated 
their transposition measures. 
Greece, Cyprus, Latvia and Malta, and 
have  not  fulfilled  their  communication 
obligation. 

transposition  of 

information  concerning 

The  Commission  has  made  a  concerted  effort  to  obtain  all 
outstanding 
this 
Framework  Decision.  A  consolidated  report  is  to  be  adopted  in 
April  2009  showing  the  state  of  transposition  for  all  Member 
States for all articles. 
The  implementation  in  Member  States  of  the  Framework 
Decision  is  rather  poor.  The  obligations  are  too  vague  to  be 
implemented  in  a  way  that  guarantees  an  effective  service  and 
the  Framework 
proper  protection.  Better  compliance  with 
Decision probably cannot be achieved with the current text. 

130 
131 

132 

EN 

OJ L 82, 22.3.2001, p. 1. 
Report from the Commission on the basis of Article 18 of the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings of 
16 February 2004 - COM(2004) 54 final/2 and SEC(2004) 102. 
COPEN 137, REV 2. 

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EN 

 
  
 
 
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Council  Framework  Decision  of 
28 May 2001 on combating fraud 
and  counterfeiting  of  non-cash 
means 
payment 
of 
(2001/413/JHA)133 

Implementa-
tion  due  by  2 
June 2003 

Council  Framework  Decision  of 
26  June  2001  relating  to  money 
laundering, 
identification, 
the 
tracing,  freezing  or  seizing  and 
the 
confiscation 
instrumentalities  and  proceeds 
from crime (2001/500/JHA)139 

of 

Implementa-
tion due by 31 
December 
2002 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

from 

from 

report 

report 

adopted 

2004135. 

The 
the 
Commission  of  30  April 
2004134  served  as  a  basis  for 
the  Council’s  report  of  25 
The 
October 
Commission 
a 
second report on 20 February 
2006136. 
The 
the 
Commission of 5 April 2004140 
served  as  a  basis  for  the 
report  from  the  Council  dated 
25 October 2004141. 
A second report was released 
on  21  February  2006142.  It 
focused  on  transposition  in 
the  10  new  EU  Member 
States. 
Further  details  are  given  in 
the 
of 
implementation  of  the  Action 
Plan to combat terrorism143.  

regular 

review 

Greece,  Luxembourg137,  Cyprus138, 
Estonia,  Hungary,  Malta  and  Slovenia 
had  not 
their 
fully 
communication obligation. 

fulfilled 

yet 

The second Commission report showed that most of the Member 
States  which  had  communicated  their  national  transposition 
measures  to  the  Commission  were  complying  explicitly  or,  in 
some cases, implicitly with the Framework Decision. 

At 
the 
the  date  of  adoption  of 
Commission’s  second  report,  all  EU 
Member  States  had  communicated  their 
the 
transposition  measures,  with 
exception of Malta144. 

The  latest  Commission  report  showed  that  overall  transposition 
is satisfactory in the 24 Member States assessed. 
Nevertheless,  no  further  information  gave  any  reason  to  revise 
the  unfavourable  assessment  in  the  first  report  concerning 
Luxembourg.  Communication  transmitted  by  Greece  are  to  be 
evaluated.  
Minor flaws also seem to exist in Austria, Hungary and Latvia. 

133 
134 
135 
136 
137 
138 
139 
140 
141 
142 
143 
144 

OJ L 149, 2.6.2001, p. 1. 
COM(2004) 346 and SEC(2004) 532. 
DROIPEN 38, rev.2. 
COM(2006) 65 and SEC(2006) 188. 
Greece and Luxemburg reported that their transposition legislation is before their Parliament. 
Cyprus has not given the Commission adequate information for a full evaluation of the conformity of its legislation with the Framework Decision. 
OJ L 182, 5.7.2001, p. 1. 
COM(2004) 230 and SEC(2004) 383. 
DROIPEN 24, REV 2. 
COM(2006) 72 and SEC(2006) 219. 
Last version dated 24 May 2006, SEC(2006) 686. 
The information provided by Greece was incomplete but Greece fulfilled its communication obligation in August 2006. 

EN 

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EN 

 
  
 
                                                 
Legal instrument1 

Council  Framework  Decision  of 
13  June  2002  on  combating 
terrorism (2002/475/JHA)145 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion due by 31 
December 
2002 

Council  Framework  Decision  of 
19  July  2002  on  combating 
trafficking 
in  human  beings 
(2002/629/JHA)149 

Implementa-
tion  due  by  1 
August 2004  

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

first 

from 

report 
of 

the 
The 
8 June 
Commission 
2004146  served  as  a  basis  for 
the  Council’s  report  dated  25 
October 2004147. 
The  second  report  from  the 
Commission  was  adopted  on 
6 November 2007148.  
the 
from 
A 
report 
based 
Commission's 
on 
Article  10  of 
the  Council 
Framework  Decision  was 
adopted  on  2  May  2006150. 
The  report  from  the  Council, 
based  on  the  Commission’s 
report,  was  due  on  1 August 
2005. 

At  the  current  stage,  all  Member  States 
have  communicated  their  transposition 
measures, although they are not always 
complete. 

Most Member States evaluated for the first time have satisfactory 
achieved implementation of the main provisions contained in the 
Framework  Decision.  Nevertheless,  some  major  issues  stand 
out.  Concerning  the  Member  States  evaluated  for  the  second 
time,  the  additional  information  they  have  sent  has  allowed  the 
Commission to generally conclude that there is a higher level of 
compliance. However, most of the main deficiencies identified in 
the first evaluation report remain unchanged. 

Luxembourg151,  Portugal,  Lithuania 
and  Ireland  have  not  yet  fulfilled  their 
communication obligation. 

Subject to the missing notifications from four Member States, the 
level  of 
Commission 
implementation 
some 
quite 
improvements are still needed on some provisions.  

report  suggests 

the  general 

satisfactory, 

although 

that 

is 

145 
146 

147 
148 

149 
150 
151 

OJ L 164, 22.6.2002, p. 3. 
Report  from  the  Commission  based on Article  11  of  the  Council  Framework  Decision  of  13  June  2002 on  combating  terrorism  -  COM(2004) 409, 8.6.2004 and 
SEC(2004) 688. 
DROIPEN 40, rev.2. 
Report from the Commission based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism - COM(2007) 681 final, 6.11.2007 
and SEC(2007) 1463. 
OJ L 203, 1.8.2002, p. 1. 
COM(2006) 187 final and SEC(2006) 525. 
Luxemburg stated that it was awaiting finalisation of the discussion within the Council of Europe before implementing the Framework Decision. 

EN 

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EN 

 
  
                                                 
Legal instrument1 

Council  Framework  Decision  of 
the 
28  November  2002  on 
the  penal 
strengthening  of 
framework 
the 
facilitation  of  unauthorised  entry, 
residence 
transit 
(2002/946/JHA)152  

prevent 

and 

to 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion  due  by  5 
December 
2004 

Council  Framework  Decision 
2003/568/JHA of 22 July 2003 on 
combating  corruption 
the 
private sector155 

in 

Implementa-
tion due by 22 
July 2005 

Reports and other in-
depth analysis2 

A report from the Commission 
based  on  Article  9  of  the 
Council  Framework  Decision 
was  adopted  on  6  December 
2006153. Evaluation of  impact, 
possible  shortcomings  and 
been 
has 
recast 
announced154. 

A report from the Commission 
was  adopted  on  18  June 
2007156.  According 
the 
to 
Framework  Decision, 
the 
report  from  the  Council,  to  be 
based  on  the  Commission’s 
report, was due by 22 October 
2005. 

Communication of national 
measures to the Commission 

Compliance/application 

Current state of play3 

Greece, Cyprus, Luxembourg, Austria 
and  Portugal  have  not  yet  fulfilled  their 
communication obligation. 
Estonia,  Spain,  Malta  and  Sweden 
have 
their 
communication obligation. 

partially 

fulfilled 

only 

Belgium,  France, 
Italy,  Luxemburg, 
Hungary,  Austria,  Portugal,  Slovenia, 
Slovakia, Finland, Sweden and UK have 
transposition 
their 
communicated 
measures. 
Greece, Spain, Cyprus and Malta have 
not  yet 
their  communication 
obligation157.  Czech  Republic  has  only 
communicated draft legislation. 

fulfilled 

According  to  the  Commission's  report,  not  all  Member  States 
have  transmitted  to  the  Commission  in  a  timely  manner  all  the 
relevant 
implementing  provisions.  Further 
evaluation  on  the  basis  of  more  reliable  information  may  be 
necessary. 

texts  of 

their 

20  Member  States  have  provided 
the  Commission  with 
transposition  commentaries  and  legislation.  No  Member  State 
can  be  considered  to  have  fully  implemented  the  Framework 
Decision. 
the  Articles  2  and  7  are  poorly 
implemented.  The  Commission  has  in  its  report  expressed  its 
concern  regarding 
the 
Framework  Decision  is  still  at  an  early  stage  among  Member 
States.  

transposition  of 

In  particular 

that 

fact 

the 

the 

152 
153 

154 
155 
156 
157 

OJ L 328, 5.12.2002, p. 1. 
Report from the Commission based on Article 9 of the Council Framework Decision of 28 November 2002 on the strengthening of the penal framework to prevent 
the facilitation of unauthorised entry, transit and residence: COM(2006) 770 final, 6.12.2006 and SEC(2006) 1591. 
COM(2006) 402 final. 
OJ L 192, 31.7.2003, p. 54. 
COM(2007) 328 final and SEC/2007/808. 
Although Greece and Spain have indicated that legislation is being prepared. 

EN 

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EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council  Framework  Decision 
2004/68/JHA  of  22  December 
2003  on  combating  the  sexual 
exploitation  of  children  and  child 
pornography158  

Implementa-
tion due by 20 
January 2006 

A report from the Commission 
was adopted on 16 November 
2007159.  The  report  from  the 
Council, 
the 
based 
Commission’s report, was due 
in 2008. 

on 

Belgium,  Czech  Republic,  Denmark, 
Germany,  Estonia,  Spain,  France, 
Ireland,  Italy,  Cyprus,  Latvia,  Lithuania, 
Luxembourg,  Hungary,  Netherlands, 
Austria,  Poland,  Slovakia,  Slovenia, 
Finland,  Sweden 
have 
transposition 
communicated 
measures. 

and  UK 

their 

At the time of the implementation report, 
Greece, Malta and Portugal had not yet 
fulfilled  their  communication  obligation. 
the  meantime,  Portugal 
In 
has 
communicated 
implementation 
its 
measures.  

According to the Commission's Report, the requirements set out 
in  the  Framework  Decision  have  been  met  by  almost  all  of  the 
Member States. However, full information has not been received 
on  many  points,  and  it  is  in  particular  not  possible  to  provide  a 
precise  assessment  of  the  range  of  exemption  from  criminal 
liability concerning some types of child pornography. 

158 
159 

OJ L 13, 20.1.2004, p. 44. 
Report from the Commission based on Article 12 of the Council Framework Decision of 22 December 2003 on combating the sexual exploitation of children and 
child pornography - COM(2007) 716 final. 

EN 

- 36 - 

EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

Council  Framework  Decision 
2005/212/JHA  of  24  February 
2005  on  Confiscation  of  Crime-
Related 
Proceeds, 
Instrumentalities and Property160 

Implementa-
tion due by 15 
March 2007 

Council  Framework  Decision 
2005/222/JHA  of  24  February 
against 
attacks 
2005 
on 
information systems162 

Implementa-
tion due by 16 
March 2007 

The  Council  is  to  assess  the 
extent 
to  which  Member 
States have complied with this 
Framework  Decision  by  15 
June  2007,  on  the  basis  of  a 
report  established  by 
the 
Commission.  A  report  from 
the  Commission  was  adopted 
on 12 December 2007161. 

The  Council  is  to  assess  the 
to  which  Member 
extent 
States have complied with this 
Framework  Decision  by  16 
September 2007, on the basis 
of  a  report  established  by  the 
Commission. 
The 
Commission  adopted  a  report 
on  14  July  2008163  which 
should  serve  as  a  basis  for 
the Council's report. 

and 

their 

Latvia, 

Cyprus, 

Sweden 

Belgium,  Bulgaria,  Czech  Republic, 
Denmark,  Germany,  Estonia,  France, 
Italy, 
Lithuania, 
Luxemburg,  Hungary,  Netherlands, 
Austria,  Portugal,  Romania,  Slovenia, 
Finland 
have 
transposition 
communicated 
measures. 
Spain, Ireland, Greece, Malta, Poland, 
Slovakia  and  UK  had  not  yet  fulfilled 
their  communication  obligation  at  the 
time  of  the  adoption  of  the  report,  but 
Malta,  Poland  and  UK  have 
later 
communicated 
transpositions 
measures. 
Belgium,  Czech  Republic,  Denmark, 
Germany,  Cyprus,  Lithuania,  Latvia, 
Luxemburg, Italy, Hungary, Netherlands, 
Austria,  Portugal,  Romania,  Slovenia, 
Finland 
have 
transposition 
communicated 
measures. 
Spain, Ireland, Greece, Malta, Poland, 
Slovakia  and  UK  have  not  yet  fulfilled 
their communication obligation. 

Sweden 

their 

and 

full 

Ten  of  the  Member  States  have  in  principle  transposed  the 
Framework  Decision,  while  six  Member  States  (Bulgaria, 
Ireland,  Lithuania,  Malta,  Romania  and  Sweden)  have 
transposed it in part. 

According  to  the  Commission's  report,  the  Framework  Decision 
is still being implemented in Member States. Significant progress 
has  been  made  in  practically  all  the  20  Member  States 
assessed, and the level of implementation has been found to be 
relatively good. 

160 
161 

162 
163 

OL L 068, 15.3.2005, p. 49. 
Report  from  the  Commission  pursuant  to  Article  6  of  the  Council  Framework  Decision  of  24  February  2005  on  confiscation  of  crime-related  proceeds, 
instrumentalities and property (2005/212/JHA) - (COM(2007) 805 final). 
OJ L 069, 16.3.2005, p. 67. 
Report from the Commission to the Council: based on Article 12 of the Council Framework Decision of 24 February 2005 on attacks against information systems - 
COM(2008) 448 final 

EN 

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EN 

 
  
 
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

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

Council  Framework  Decision 
2002/465/JHA  of  13  June  2002 
on joint investigation teams164  

Implement-
ation due by 1 
January 2003 

on 

Council  Framework  Decision 
2006/960/JHA  of  18  December 
simplifying 
2006 
the 
information  and 
exchange  of 
intelligence 
law 
between 
enforcement  authorities  of  the 
Member  States  of  the  European 
Union168 
Council  Decision  2007/845/JHA 
of  6  December  2007  concerning 
Asset 
cooperation 
Recovery  Offices  of  the  Member 
States  in  the  field  of  tracing  and 
identification of proceeds from, or 
other property related to, crime169 

between 

Implementatio
n  due  by  19 
December 
2008 

Implementatio
n  due  by  18 
December 
2008 

review 

regular 

The  Commission  adopted  a 
report  on  7  January  2005165, 
which should serve as a basis 
for the Council’s report. 
Further  details  are  given  in 
the 
of 
implementation  of  the  Action 
Plan to combat terrorism166.  
The  Council  is  to  assess  the 
extent 
to  which  Member 
States have complied with this 
Framework  Decision  by  19 
December  2011,  on  the  basis 
of  a  report  established  by  the 
Commission  by  19  December 
2010. 
The  Council  is  to  assess  the 
extent 
to  which  Member 
States have complied with this 
Framework  Decision  by  18 
December  2010,  on  the  basis 
of  a  report  established  by  the 
Commission. 

implementation  of 

the  Framework  Decision 

Legal 
unsatisfactory.  
At the date of adoption of the Commission's report167, Spain was 
the  only  Member  State  fully  complying  (the  remaining  then  24 
EU Member States were not). The other legislation assessed by 
the Commission in its report has been considered as not, or not 
fully, compliant with the Framework Decision. 

is  very 

After  the  adoption  of  the  Commission's 
report,  Belgium,  Czech  Republic, 
Ireland,  Cyprus,  Poland  and  Slovakia 
communicated 
transposing 
measures.  Lithuania  and  Hungary  sent 
further  legislation.  Greece,  Italy  and 
Luxembourg  informed  that  draft  bill 
were to be discussed. 

national 

No information available yet. 

No information available yet. 

164 
165 

166 
167 

168 
169 

OJ L 162, 20.6.2002, p. 1. 
Report  from  the  Commission  on  national  measures  taken  to  comply  with  the  Council  Framework  Decision  of  13  June  2002  on  Joint  Investigation  Teams: 
COM(2004) 858, 7.1.2005 and SEC(2004) 1725 – mentioned in OJ C 64, 16.3.2005. 
Last version dated 24 May 2006, SEC(2006) 686. 
Required information was forwarded by Denmark, Germany, Spain, France, Latvia, Lithuania, Hungary, Malta, Netherlands, Austria, Portugal, Finland, Sweden and 
UK. 
OJ L 386, 29.12.2006, p. 89 and corrigendum OJ L 75, 15.3.2007, p. 26. 
OJ L 332, 18.12.2007, p. 103. 

EN 

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EN 

 
  
 
 
                                                 
Legal instrument1 

•  Eurojust 

Council  Decision  of  28 February 
2002  setting  up  Eurojust  with  a 
fight 
reinforcing 
view 
crime 
serious 
against 
(2002/187/JHA)170  

the 

to 

Deadline for 
implementa-
tion/ entry 
into force 

Implementa-
tion 
and 
communicatio
n are due by 6 
September 
2003 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

for 

from 

under 

report 

A 
the 
Commission,  although  not 
provided 
the 
Decision,  was  adopted  on  6 
July 2004171. 
A  Communication  from  the 
Commission 
the 
Parliament  on  the  future  of 
the 
Eurojust, 
second  report  and  proposals 
for strengthening Eurojust and 
its 
the 
relationship  with 
European  Judicial  Network 
was  adopted  on  23  October 
2007172. 

comprising 

and 

Not  applicable:  there  is  no  obligation  to 
communicate  national  measures  under 
the Decision.  

According  to  the  Communication,  the  implementation  of  the 
Eurojust  Decision  by  Member  States  is  uneven.  Some  Member 
States  have  amended  their  legislation,  others  have  not.  There 
are  significant  differences  in  the  status  of  national  members 
regarding  e.g.  the  term  of  office  of  national  members  and  the 
powers  that  Member  States  have  conferred  on  them.  These 
differences hamper Eurojust to operate as efficiently as possible 
and to use its full potential. 

170 
171 

172 

OJ L 63, 6.3.2002, p. 1. 
Report  from  the  Commission  on  the  Legal  Transposition  of  the  Council  Decision  of  28  February  2002  setting  up  Eurojust  with  a  view  to  Reinforcing  the  Fight 
Against Serious Crime: COM(2004) 457 and SEC(2004) 884 – mentioned in OJ C 313, 18.12.2004. 
Communication from the Commission to the Council and the European Parliament on the role of Eurojust and the European Judicial Network in the fight against 
organised crime and terrorism in the European Union - COM(2007) 644 final. 

EN 

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EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

4.3. Judicial cooperation in civil matters 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

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

to 

Council  Directive  2003/8  of 
27 January  2003 
improve 
access  to  justice  in  cross-border 
establishing 
disputes 
minimum  common  rules  relating 
to legal aid for such disputes173 

by 

Council  Directive  2004/80  of  29 
April 
to 
compensation to crime victims175  

relating 

2004 

(all 

Implementa-
tion due by 30 
November 
2004 
Articles 
except  Article 
3(2)(a))  or  by 
no  later  than 
30  May  2006 
(Article 
3(2)(a)) 

Implementa-
tion  due  by  1 
January 2006 

the 

from 

report 

No 
the 
Commission  is  provided  for 
under 
Directive. 
2009/JLS/046  Report  on  the 
the  Council 
application  of 
Directive 
aid 
on 
proposed  to  be  postponed  to 
2010. 

legal 

All  Member  States  have  adopted  and 
communicated 
transposing 
measures174. 

national 

the 

A report from the Commission 
was  due  by  1  January  2009 
Directive. 
under 
2008/JLS/125  Report 
on 
Council  Directive  relating  to 
compensation to crime victims 
-  adoption  postponed  to  7 
April 2009. 

All  Member  States  have  adopted  and 
communicated 
transposing 
measures, except Greece176. 

national 

173 
174 
175 
176 

OJ L 26, 31.1.2003, p. 41. 
Denmark is not bound by this Directive. 
OJ L 261, 6.8.2004, p. 15. 
Greece was ruled against by the Court for non-communication on 18 July 2007 (case C-2007/026) and has not yet complied with the judgment. It was sent a reasoned 
opinion under Article 228 of the EC Treaty on 23 September 2008. 

EN 

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EN 

 
  
 
 
 
                                                 
Legal instrument1 

Council  Regulation 
(EC)  No 
1206/2001  of  28  May  2001  on 
cooperation  between  the  courts 
of  the  Member  States  in  the 
taking  of  evidence  in  civil  or 
commercial matters177  

jurisdiction 

(EC)  No 
Council  Regulation 
44/2001  of  22  December  2000 
on 
the 
recognition  and  enforcement  of 
judgments 
and 
in 
commercial matters179 

and 

civil 

Deadline for 
implementa-
tion/ entry 
into force 

Entry 
into 
force:  1 July 
2001. 
Application 
from 
1 January 
2004,  except 
for 
Articles 19, 21 
and  22,  which 
apply 
will 
from  1  July 
2001 

Entry 
force 
1 March 2002 

into 
on 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

has 

A  study  on  application  of  this 
Regulation 
been 
launched in 2006. Final report 
of  the  study  was  delivered  in 
mid-2007.  The  report  of  the 
Commission  (first  five-yearly 
report)  was  adopted  on  5 
December 2007178.  

Not applicable. 

The  report  concludes  that  the  application  of  the  Regulation  has 
generally  improved,  simplified  and  accelerated  the  cooperation 
between  the  courts  on  the  taking  of  evidence  in  civil  or 
commercial  matters.  The  Regulation  has  achieved  its  two  main 
objectives, namely to simplify the cooperation between Member 
States  and  to  accelerate  the  performance  of  the  taking  of 
evidence,  to  a  relatively  satisfactory  extent.  Simplification  has 
been brought about mainly by the introduction of direct court-to-
court  transmission  (although  requests  are  still  sometimes  or 
even  often  sent  to  central  bodies),  and  by  the  introduction  of 
standard  forms.  As  far  as  acceleration  is  concerned,  it  can  be 
concluded  that  most  requests  for  the  taking  of  evidence  are 
executed faster than before the entry into force of the Regulation 
and within 90 days as foreseen by the Regulation. 

force  of 

A report from the Commission 
is  due  five  years  after  the 
this 
into 
entry 
Regulation. 
study 
of 
An 
of  Regulation 
application 
in 
launched 
44/2001  was 
2005.  It  was  delivered  end 
2007.  

evaluation 

Not applicable. 

In September 2009 the Commission is to adopt: 
-  Evaluation  report  on 
the  application  of 
Regulation. 
- Green Paper in order to make a new legislative proposal for the 
amendment and the modernisation of this Regulation. 

the  Brussels 

I 

177 
178 

179 

OJ L 174, 27.6.2001, p. 1. 
Report  from  the  Commission  to  the  Council,  the  European  Parliament  and  the  European  Economic  and  Social  Committee  on  the  application  of  the  Council 
Regulation  (EC)  1206/2001  of  28  May  2001  on  cooperation  between  the  courts  of  the  Member  States  in  the  taking  of  evidence  in  civil  or  commercial  matters  - 
COM(2007) 769 final. 
OJ L 12, 16.1.2001, p. 1. 

EN 

- 41 - 

EN 

 
  
                                                 
Legal instrument1 

Regulation 

(EC) 
Council 
No 1348/2000  of  29  May  2000 
on  the  service  in  the  Member 
States of judicial and extrajudicial 
documents in civil or commercial 
matters180 

Deadline for 
implementa-
tion/ entry 
into force 

Entry 
into 
force  on  31 
May 2001 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

five-yearly 

first 
report 
The 
the  Commission  was 
from 
adopted 
1 October 
on 
2004181.  After  the  adoption  of 
the  new  Regulation  on  the 
service  of  documents 
in 
another 
November 
report is expected in 2011 and 
every 5 years thereafter. 

2007, 

Not applicable 

that 

the  Regulation  has 
The  Commission's  report  shows 
generally  improved  and  expedited  the  transmission  and  service 
of  documents  between  Member  States.  Nevertheless,  the 
application  of  certain  provisions  was  not  fully  satisfactory.  For 
this  reason,  on  13  November  2007,  the  Regulation  (EC)  No 
1393/2007  of  the  European  Parliament  and  of  the  Council  was 
adopted. 

180 

181 

OJ L 160, 30.6.2000, p. 37. On 7 July 2005 the Commission adopted a proposal to improve the current provisions on the service in the Member States of judicial and 
extrajudicial documents in civil or commercial matters. The purpose of these amendments is to speed up and streamline the procedures - COM(2005) 305. 
COM(2004) 603 and SEC(2004) 1145. 

EN 

- 42 - 

EN 

 
  
                                                 
Legal instrument1 

Deadline for 
implementa-
tion/ entry 
into force 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

the  service 

Regulation (EC) No 1393/2007 of 
the  European  Parliament  and  of 
the  Council  on  13  November 
the 
2007  on 
Member  States  of  judicial  and 
extrajudicial documents in civil or 
commercial  matters  (service  of 
repealing 
documents), 
and 
(EC)  No 
Council  Regulation 
1348/2000182 

in 

into 
Entry 
force  on  13 
November 
2008 

five 

every 

No  later  than  1  June  2011, 
and 
years 
the  Commission 
thereafter, 
shall  present  to  the  European 
Parliament,  the  Council  and 
the  European  Economic  and 
Social  Committee  a  report  on 
this 
the 
Regulation. 

application 

of 

Not applicable 

As of 13 November 2008, the new Regulation replaces Council 
Regulation (EC) No 1348/2000 of 29 May 2000 on the service in 
the Member States of judicial and extrajudicial documents in civil 
or commercial matters. 
The main modifications  with respect to Council Regulation (EC) 
No 1348/2000 are:  

• 

• 

• 

Introduction of a rule providing that the receiving agency shall 
take all necessary steps to effect the service of the document 
as  soon  as  possible,  and  in  any  event  within  one  month  of 
receipt.  

Introduction of a new standard form to inform the addressee 
about his right to refuse to accept the document to be served 
at  the  time  of  service  or  by  returning  the  document  to  the 
receiving agency within one week.  

Introduction  of  a  rule  providing  that  costs  occasioned  by 
recourse to a judicial officer or to a person competent under 
the law of the Member State addressed shall correspond to a 
single  fixed  fee  laid  down  by  that  Member  State  in  advance 
which  respects  the  principles  of  proportionality  and  non-
discrimination.  

Introduction  of  uniform  conditions  for  service  by  postal  services 
(registered letter with acknowledgement of receipt or equivalent). 

182 

OJ L 324, 10.12.2007., p. 79. 

EN 

- 43 - 

EN 

 
  
                                                 
Legal instrument1 

Regulation 

Council 
(EC) 
No 2201/2003  of  27  November 
2003  concerning  jurisdiction  and 
the  recognition  and  enforcement 
in  matrimonial 
of 
matters  and 
the  matters  of 
parental  responsibility,  repealing 
Regulation  (EC)  No 1347/2000 
("Brussels II bis Regulation")183 

judgments 

Deadline for 
implementa-
tion/ entry 
into force 
Entry into force 
1 March 
on 
2005,  with  the 
exception 
of 
Articles 67, 68, 
69  and  70, 
will 
which 
apply 
from  1 
August 2004. 

Reports and other in-
depth analysis2 

Communication of national 
measures to the Commission 

Current state of play3 

Compliance/application 

every 

No later than 1 January 2012, 
and 
years 
the  Commission 
thereafter, 
will  present  a 
report  on 
application of the Regulation. 

five 

All  Member  States  have  communicated 
information 
to  courts  and 
redress procedures. 

relating 

It seems necessary to improve knowledge of the instrument and 
training  for  practitioners  and  central  authorities184.  A  Practise 
Guide  conceived  by  the  Commission  has  been  disseminated  in 
2006 among the EU judges; an information campaign is foreseen 
in 2008. 

*** 

183 
184 

OJ L 338, 23.12.2003, p. 1. 
For this purpose, in 2005 the Commission published a practical guide to application of the Brussels II bis Regulation. 

EN 

- 44 - 

EN