COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS On Cooperation in the Area of Justice and Home Affairs within the Eastern Partnership
Date: 2011-09-26
Institutions: European Commission
Subjects: Belarus, Caucasus countries, Moldova, Ukraine, association agreement (EU), cross-border cooperation, democratisation, judicial cooperation, police cooperation, political cooperation

EUROPEAN COMMISSION 

Brussels, 26.9.2011 
COM(2011) 564 final 

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

On Cooperation in the Area of Justice and Home Affairs within the Eastern Partnership

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

On Cooperation in the Area of Justice and Home Affairs within the Eastern Partnership 

1. 

INTRODUCTION 

The Stockholm Programme, adopted by the European Council on 2 December 20091, stressed 
the  importance  of  the  external  dimension  of  the  Justice  and  Home  Affairs  (hereinafter 
JHA)  policies  for  the  successful  implementation  of  the  objectives  identified  in  the 
Programme  and  the  need  for  it  to  be  fully  coherent  with  all  other  aspects  of  the  European 
Union foreign policy.  

The  EU  action  in  the  external  dimension  of  Justice  and  Home  Affairs  has  been  growing 
steadily in recent years guided, among others, by (1) the respect of democracy, fundamental 
rights  and  rule  of  law;  (2)  the  principle  of  partnership  with  third  countries,  and  in 
particular with the neighbouring countries, and (3) increasing coordination and exchange of 
information on EU and Member States actions and full use of all instruments available.  

The Stockholm Programme invites the Commission to present a plan on how to take forward 
cooperation  in  the  area  of  JHA  with  the  Eastern  Partnership  countries.  The  need  for  such  a 
cooperation was further highlighted in the Joint Communication of the Commission and the 
High Representative of 25 May 2011 on "A new response to a changing Neighbourhood"2 and 
the  conclusions  of  the  Foreign  Affairs  Council  on  20  June  2011,  endorsed  by  the  June 
European Council. The ongoing revision of the Global Approach to Migration also calls for 
progress in that area.  

Facilitation  of  people-to-people  contacts,  while  promoting  fundamental  rights  and 
strengthening  the  rule  of  law,  enhancing  the  judiciary,  as  well  as  engaging  in  judicial 
cooperation  has  proved  to  be  important  prerequisite  for  maintaining  peace  and  stability  and 
has beneficial effects on the economic, cultural and social development of all the countries 
involved.  

This  has  been  one  of  the  guiding  principles  of  the  Eastern  Partnership  (hereinafter  EaP) 
established  at  the  Prague  Summit  in  2009  by  the  EU  and  Armenia,  Azerbaijan,  Belarus, 
Georgia,  the  Republic  of  Moldova  (hereinafter  Moldova)  and  Ukraine.  It  remains  a  core 
objective  of  the  Eastern  Partnership  to  enhance  mobility  of  citizens  in  a  secure  and  well-
managed environment. This objective entails visa facilitation and readmission agreements as 
a  first  step.  Once  these  agreements  are  concluded  and  effectively  implemented,  the  EU  and 
the  partner  countries  will  take  gradual  steps  towards  visa-free  regimes  in  due  course  on  a 
case-by-case basis and provided that conditions for well-managed and secure mobility are in 

1 

2 

"The  Stockholm  Programme  –  An  open  and  secure  Europe  serving  and  protecting  the  citizens" 
17024/09. 
Joint  Communication  to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee  and  the  Committee  of  the  Regions  -  A  new  response  to  a  changing  Neighbourhood, 
25 May 2011, COM(2011) 303. 

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place. The Warsaw Eastern Partnership Summit of 29-30 September 2011 should confirm the 
key  objectives  and  lend  further  impetus  to  this  partnership  including  in  the  JHA  area. 
Tackling  illicit  drugs,  which  are  a  complex  health,  social  and  security  problem  and  require 
responses  across  different  JHA  areas,  should  continue  to  have  an  important  place  in  the 
context of cooperation within the Eastern Partnership.  

The  dialogue  and  cooperation  with  the  EaP  countries  in  the  area  of  JHA  is  already  well 
developed, both at bilateral and at multilateral level. Therefore, there is no need to establish 
new frameworks but rather to consolidate, streamline and complement the existing ones.  

Following the experience and lessons learnt throughout the first years of cooperation within 
the EaP, this Communication puts forward concrete proposals aiming at enhancing further 
the level of political and operational cooperation towards the establishment of a Common 
JHA Space between the EU and its Eastern Partners:  

• 

• 

2. 

consolidating the existing frameworks for dialogue and cooperation, including by 
identifying the principles for such cooperation, and 

analysing  the  progress  made  so  far  and  proposing  orientations  for  further 
strengthening of cooperation, including its thematic priorities.  

CONSOLIDATING  THE  EXISTING  INSTITUTIONAL  FRAMEWORK  FOR  DIALOGUE  AND 
COOPERATION: PRINCIPLES AND STRUCTURES 

2.1. 

Principles for cooperation 

Consolidating  the  existing  cooperation  in  the  area  of  Justice  and  Home  Affairs  with  the 
Eastern Partners countries should be based on the following four main principles: 

Differentiation - Further advancement of the cooperation on JHA matters with each Eastern 
Partner should depend on the progress made by the partner country on its JHA reform agenda 
and  in  implementing  all  relevant  policies.  Progress  will  be  monitored  in  close  cooperation 
with the partner country.  

Conditionality  -  Further  enhancement  of  the  cooperation  with  Eastern  Partners  should  be 
gradual and conditional on the progress made and successful cooperation in agreed areas.  

Policy coherence - The approach to the JHA cooperation with the Eastern Partners should be 
considered  in  the  context  of  the  overall  EU  external  policy  and  in  coherence  with  other 
relevant EU policies, as well as cooperation pursued with other countries in the region.  

Regional  cooperation  -  Promoting  regional  cooperation  is  crucial  for  responding  to  cross- 
border challenges in the JHA area and should be further encouraged.  

In  addition  to  the  above  principles,  dialogue,  support  and  engagement  with  civil  society 
organisations,  including  migrant  communities  and  local  authorities,  from  both  the  EU 
and  EaP  countries,  is  important  for  people-to-people  contacts  and  increased  mobility  and 
should therefore feature prominently in the cooperation on JHA areas.  

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2.2. 

Structures for cooperation  

2.2.1.  Bilateral level 

In  order  to  avoid  overlapping  discussions  in  different  fora,  the  following  approach  is 
suggested:  

• 

• 

• 

• 

• 

• 

3 

Partnership  and  Cooperation  Agreement  (and  future  Association  Agreement) 
structures,  and  in  particular  the  relevant  Subcommittees  and  political  dialogues, 
should continue to be the main framework for discussing bilateral cooperation in the 
JHA area. Dedicated human rights dialogues should be maintained and strengthened 
in parallel.  

The results of the joint readmission and visa facilitation committees, as well as of 
the progress made in the visa dialogues, where these are in place, should be referred 
to at the meetings of the JHA-Subcommittees.  

Where  relevant,  Mobility  Partnerships  (MP)  should  continue  to  serve  as  the 
framework  for  the  dialogue  and  operational  cooperation  on  migration  in  all  its 
dimensions:  legal  migration,  fight  against  irregular  migration,  and  migration  and 
development.  Ideally,  MP  meetings  should  be  organised  back  to  back  with  JHA-
Subcommittees and should feed into their agenda. Depending on the progress made 
and the migration situation in the country, the possibility of signing a MP should in 
general be open to all EaP countries.3 

In line with the ongoing evaluation of the Global Approach to Migration, and for the 
sake of the improved thematic balance, the existing Mobility Partnerships should be 
further  foster  the  cooperation  in  the  area  of  migration  and  mobility.  In  order  to 
achieve  that,  a  commitment  from  all  the  partners  involved  should  be  maintained  at 
both  the  political  and  the  implementation  level.  A  tool  for  monitoring  the  long-
term impact of MPs on migration flows, migration management and other relevant 
policies in the partner countries and the EU should be developed. Regular monitoring 
will  also  make  it  possible  to  identify  gaps  and  needs  to  be  addressed  within  the 
framework  of  the  MP.  Moreover,  this  monitoring  tool  should  be  consistent  and 
coherent with other tools and frameworks in order to focus and maximise its impact.  

High priority areas such as, the fight against organised crime, including trafficking 
in  human  beings,  human  rights  issues  and  corruption,  should  be  discussed  on  a 
systematic  basis  in  the  existing  frameworks,  in  particular  the  JHA-Subcommittees 
and/or  the  dedicated  Human  Rights  dialogues  as  well  as  MPs,  where  they  are  in 
place,  with  the  aim  of  intensifying  practical  cooperation  within  the  Eastern 
Partnership.  

Cooperation  on  drugs  should  continue  through  the  existing  bilateral  political 
dialogues  with  Ukraine.  The  bilateral  dialogues  launched  by  the  Polish  Presidency 
(with  Armenia,  Moldova,  Azerbaijan  and  Georgia)  should  be  replicated  and 
institutionalised, with the aim of having fora of this kind with all Eastern countries. 

Two MPs have been signed with EaP countries so far (Moldova and Georgia) and a third one should be 
signed soon (Armenia) (see Annex). 

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• 

Increased cooperation with the relevant agencies (FRONTEX, Europol, Eurojust, 
CEPOL,  European  Asylum  Support  Office  and  the  Fundamental  Rights  Agency) 
should  be  further  promoted  and  continue  to  be  a  regular  item  on  the  agenda  of  the 
JHA - Subcommittees and MP meetings. Other institutions and agencies, such as the 
European Training Foundation (ETF) or the European Monitoring Centre for Drugs 
and Drug Addiction (EMCDDA), might be associated on relevant issues. 

2.2.2.  Regional and multilateral level 

A  number  of  regional  fora  in  which  the  EU  Member  States  and  the  Eastern  Partners  are 
brought  together  offer  platforms  for  exchange  of  information  and  best  practices  as  well  as 
implementation of concrete cross-border initiatives (see Annex). With a view to streamlining 
the framework for regional and multilateral cooperation and making it more efficient, 
the following recommendations are made:  

• 

• 

• 

In order to ensure the appropriate political guidance and coordination, the possibility 
of  convening  specific  JHA  meetings  at  Ministerial  level  in  the  context  of  the 
Eastern  Partnership  should  be  considered.  Where  appropriate,  such  meetings  could 
be held on an annual basis in order to take stock of the progress made and provide 
orientations for the future. 

In  order  to  rationalise  the  framework  for  regional  dialogue  and  cooperation,  JHA 
issues  should  continue  to  appear  regularly  on  the  agenda  of  the  EaP  multilateral 
platform on democracy, good governance and stability and the related panels4, as 
well  as  other  relevant  platforms  such  as  Platform  4,  which  promotes  dialogue  on 
"people to people contacts". The creation of a new Panel on Migration and Asylum 
with  a  view  to  incorporating  the  best  practices  and  lessons  learnt  that  have  been 
acquired  through  the  "Söderköping  process"  into  the  EaP  framework  would 
contribute to this objective.  

Given that the Prague and Budapest Processes are overlapping to a large extent, a 
partial  incorporation  of  the  latter  in  the  Prague  Process  is  advisable.  The  two 
processes would be made geographically complementary, whereby Eastern Europe 
and Central Asia would be covered by the Prague process and the “Silk Route”, Iran, 
Pakistan  and  Afghanistan  would  be  covered  by  the  Budapest  process.  The 
engagement  of  Turkey  would  continue  to  be  of  key  importance  in  the  Budapest 
process.  

2.3. 

Coordination and financial assistance 

For the Eastern Partnership to become more operational, effective coordination between the 
actions implemented by the EU and its Member States is also necessary. A light monitoring 
mechanism  of  actions  undertaken  by  all  the  players  should  be  set  up,  including  annual 
reporting on the activities implemented in the area of JHA. 

The need to further strengthen regional cooperation between the EU and the Eastern Partners 
is  one  of  the  major  objectives  in  the  JHA  area  for  the  years  to  come  and  it  requires 

4 

Integrated  Border  Management  Panel,  Panel  on  the  Fight  against  Corruption  and  Panel  on  Improved 
Functioning of Judiciary.  

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substantial and flexible financial assistance. In particular, the building of networks between 
the  EU  and  EaP  countries  and  supporting  projects  and  programmes  to  tackle  cross  border 
issues  and  similar  issues  affecting  both  regions  should  be  enhanced.  The  EU  should  also 
consider  taking  on  a  stronger  role  in  donor  coordination  in  the  area,  e.g.  by  establishing 
consultation mechanisms dedicated to JHA issues. 

3. 

PROPOSING  THE  FUTURE  STEPS  OF  DIALOGUE  AND  COOPERATION  IN  THE  JHA 
AREA: THEMATIC PRIORITIES  

Strengthening  the  partnership  on  JHA  issues  requires  putting  in  place  a  wide  range  of 
measures. The EU and its Member States should continue to encourage and support the EaP 
countries  in  implementing  all  the  necessary  actions,  including  through  capacity  building 
measures, exchanging information and best practices as well as, where appropriate and in 
line  with  the  division  of  competences,  by  putting  in  place  relevant  legislative  and  policy 
measures  in  the  areas  of  migration  and  mobility,  security,  and  data  protection,  as  well  as 
justice  and  fundamental  rights.  Where  possible,  the  measures  mentioned  below  should  be 
reflected in the Association Agreements currently under negotiations.  

3.1.  Migration, mobility and asylum 

3.1.1.  Data collection, analysis and their effective use in evidence-based policy making 

A considerable amount of work and resources have already been invested in the improvement 
of  systems  of  data  collection  and  analysis  in  the  EaP  countries.  An  Extended  Migration 
Profile is currently being prepared as part of the Mobility Partnership with Moldova, as well 
as  for  all  the  other  EaP  countries  in  the  context  of  the  EU  financed  project  "Building 
Migration  Partnerships".  Nevertheless,  the  accuracy  of  available  information  on  migration 
and, by extension, the accuracy of evidence-based policy-making are significantly weakened 
by the lack of relevant, readily available and reliable statistical data in the region, by the 
poor quality of existing data and by the different definitions, statistical methodologies and 
indicators used across the region.  

There  is  a  need  to  provide  support  to  the  national  statistical  institutes  in  order  to  develop 
their capacity to produce relevant statistics and assume the role of coordinators of statistical 
activities. Moreover, harmonisation of statistical indicators and methodologies in the EaP 
region should be encouraged in the future. The EU should promote the implementation, in the 
EaP countries, of the HIMS5 format of harmonised migration surveys, in order to collect data 
on migration, including the determinants and consequences of migration.  

Where relevant, and fully respecting the principle of statistical confidentiality, the inclusion 
of  migration-related  questions  in  national  censuses  and  household  surveys  should  be 
promoted so as to provide a reliable and stable source of comparable data. 

The  EU  should  encourage  and  support  the  EaP  countries  to  assume  the  ownership  of  their 
Migration Profiles, so that these can also be used as tools to improve policy coherence and 
policy evaluation.  

5 

The HIMS project (Household International Migration Surveys) was developed during the MEDSTAT 
programme  of  technical  assistance  to  ENP-South  countries,  and  aims  to  collect  data  on  migration, 
including determinants and consequences of migration. 

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Finally, more should be done to foster cooperation between research institutions working 
on migration in the EU and the EaP countries.  

3.1.2.  Legal migration, integration and migration and development  

Legal  migration,  if  well-managed,  can  respond  to  the  labour  market  needs  of  both  the 
country  of  origin  and  of  destination.  It  can  also  effectively  contribute  to  reducing  irregular 
migration  as  it  makes  legal  alternatives  available  to  the  migrants.  The  EU  and  its  Member 
States have worked together with the EaP countries on facilitating legal migration on the basis 
of bilateral initiatives and agreements and in the framework of the Mobility Partnerships.  

In order to establish the basis for future action in these areas, the EU is currently undertaking 
a study on the costs and benefits of labour migration from the EaP countries to the EU. 

In line with the labour market needs of individual EU Member States, the EU and its Member 
States should consider a further opening of legal migration channels for migrants from EaP 
partners.  In  parallel,  measures  to  address  “brain  waste”  and  the  loss  of  skills  and  human 
capital should be put in place, including labour matching mechanisms, circular migration, 
reinforced cooperation on portability of social security rights, and recognition of skills and 
qualifications. The role of the ETF in this regard should be highlighted.  

Mobility Partnerships are a particularly useful framework, in which increased mobility can 
be favoured and migration better managed. In this context, Member States should consider in 
particular  facilitating legal  migration  and  intra-EU  mobility  of  students,  academics,  and 
researchers.  

Measures  should  also  be  taken  to  avoid  EaP  countries  suffering  from  brain  drain.  In  that 
context,  the  EU  and  its  MS  together  with  the  EaP  partners  should  fully  explore  the 
opportunities  offered  by  circular  migration  and  support  for  involving  diaspora  in  the 
development of their country of origin. 

Integration of migrants in host societies is a challenge facing both the EU Member States and 
EaP  countries.  It  requires  cooperation  between  authorities  at  all  levels  -  local,  regional  and 
national - as well as with civil society, including migrants' associations.  

The  EU  should  provide  further  support  in  order  to  enhance  the  capacities  of  partner 
countries to effectively address the needs of migrants in their public policies, especially their 
social  policies.  Moreover,  the  EU  should  encourage  the  EaP  countries  to  raise  awareness 
among  the  local  populations  and  among  immigrant  communities  about  combating 
xenophobia  and  ensuring  the  enforcement  of  rights.  The  design  of  policies  that  seek  to 
address  the  needs  of  migrant's  families  who  are  left  behind  and  other  social  impacts  of 
emigration on local communities should also be a topic for further cooperation.  

Remittances are an important source of income for the EaP countries. In 2009 the workers' 
remittances  sent  to  Azerbaijan,  Armenia,  Georgia,  Moldova  and  Ukraine  amounted  totalled 
almost €4 billion. 6  

6 

World Bank Migration and Remittances Factbook 2011. 

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Given  the  role  that  remittances  play  in  the  economy  of  EaP  countries,  the  EU  and  the  EaP 
partners  should  build  on  the  efforts  made  so  far  in  reducing  costs  of  remittances  and 
promoting 
traditional  focus  on  remittances  should  be 
complemented  by  initiatives  targeting  migrant  savings  and  channelling  of  savings  towards 
investments  in  countries  of  origin  so  that  funds  can  be  made  available  as  seed  capital  for 
investors and entrepreneurs, in particular SMEs.  

their  sustainable  use.  The 

The EaP countries face similar challenges as regards legal migration, and cooperation in that 
area could help further in adopting appropriate responses.  

Regarding cooperation on migration between the EaP countries themselves, support for a 
number  of  possible  initiatives  at  the  regional  level  could  be  considered,  including  the 
collection,  harmonisation,  analysis  and  exchange  of  data  relevant  for  migration  or  the 
establishment  of  a  migration  information  network  aiming  at  enhancing  cooperation  and 
exchange  of  best  practices  between  migration  authorities  of  the  EaP  countries.  Initiatives 
aimed  at  increasing  the  mobility  of  people  between  the  EaP  countries  should  also  be 
encouraged.  

3.1.3.  Fight  against  irregular  migration  and  cooperation  on  readmission,  return  and 

reintegration 

Readmitting a country's own citizens who are not legally authorised to enter or stay in another 
country is a principle of customary international law by which all countries should abide. EU 
readmission  agreements  include  provisions  to  facilitate  and  speed  up  the  readmission 
procedures  of  persons  staying  without  authorisation  on  the  territory  of  EU  Member  States. 
Such  agreements  are  an  important  tool  in  the  fight  against  irregular  migration  and,  as  such, 
they  constitute  an  important  step  towards  increased  mobility.  Currently  three  EaP  partners 
(Ukraine,  Moldova  and  Georgia)  have  signed  a  readmission  agreement  in  parallel  with  visa 
facilitation agreements with the EU.  

The  EU  should  continue  to  develop  its  cooperation  on  readmission  with  the  remaining  EaP 
countries  and  aim  at  concluding  readmission  agreements  in  parallel  with  visa  facilitation 
agreements  with  Armenia,  Azerbaijan  and  Belarus.  The  Commission  has  already  been 
authorised to negotiate a readmission agreement with Belarus and is presenting the proposals 
for  similar  authorisations  for  Armenia  and  Azerbaijan  in  parallel  with  the  present 
Communication.  The  necessary  negotiating  directives  should  be  adopted  by  the  Council  as 
soon as possible. 

In  addition,  the  EU  should  continue  to  support  the  EaP  partner  countries  in  their  capacity 
building  efforts  to  prevent  and  combat  irregular  migration  and  to  assist  returnees  in  their 
sustainable reintegration.  

3.1.4.  Facilitated short-term mobility 

Visa-free  travel  is  a  goal  for  all  of  the  six  EaP  countries  and  as  such  it  should  be 
acknowledged  and  cooperation  towards  that  aim  should  be  actively  pursued.  Effective 
cooperation  on  readmission  (including  effective  implementation  of  the  EU  readmission 
agreement),  correct  and  efficient  implementation  of  the  visa  facilitation  agreement  and  an 
active engagement of the partner country in dialogue and cooperation in all the areas covered 
by this communication should allow for the opening of a dialogue on visa liberalisation.  

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Visa  facilitation  agreements  (VFAs)  are  an  important  tool  aimed  at  facilitating  short-term 
mobility  and  a  first  step  towards  visa  liberalisation.  To  date,  three  VFAs  –  with  Moldova, 
Ukraine, and Georgia - have entered into force.  

Both  the  EU  and  the  respective  partner  country  should  ensure  the  efficient  and  correct 
implementation  of  the  VFAs.  For  Moldova  and  Ukraine  in  particular,  it  is  important  to 
conclude soon the ongoing negotiations for new wider VFAs.  

In line with its political commitments, the EU should conclude similar agreements also with 
the remaining EaP countries, i.e. Armenia, Azerbaijan and Belarus. Negotiating directives for 
Belarus  were  already  adopted  and  the  necessary  negotiating  directives  for  Armenia  and 
Azerbaijan should be adopted by the Council as soon as possible.  

In  parallel,  the  EU  MS  should  reinforce  ongoing  work  within  the  framework  of  the  local 
Schengen  cooperation  in  all  EaP  countries.  This  should  be  done  with  a  view  to  ensuring 
maximum  harmonisation  of  the  visa  issuing  procedures  and  full  use  of  opportunities 
offered by the Visa Code, such as exempting certain categories of people from the visa fee 
and  the  issuing  of  multiple-entry  and  long  validity  visas  for  categories  such  as  students, 
academics,  researchers,  and  businessmen.  Moreover,  in  order  to  further  facilitate  the  visa 
application process, EU Member States should aim to improve consular coverage in the EaP 
area.  

The visa dialogue is a framework to address the conditions leading to visa liberalisation, by 
allowing short-term visa free travels between the EU and the country concerned. It relies on 
the effective implementation by the partner country of a series of benchmarks covering a wide 
range of JHA matters. Following the completion of the exploratory phase, visa dialogues are 
based on two-phased, tailor-made Action Plans. To date, the EU has presented two such Visa 
Liberalisation Action Plans (VLAP) to EaP countries, namely to Ukraine in November 2010 
and to Moldova in January 2011.  

The Action Plans focus on key JHA areas such as document security, border and migration 
management, asylum policy, public order and security, including the fight against organised 
crime and trafficking in human beings, as well as relevant external relations and fundamental 
rights. They contain a first set of criteria concerning the policy framework (legislation and 
planning)  and  a  second  set  of  more  specific  benchmarks,  covering  the  effective  and 
sustainable implementation of relevant measures to produce concrete results on the ground.  

VLAPs of this kind could serve as useful models for other Eastern Partners, bearing in mind 
the specific nature and independent progress of each country and coherence in the region.  

The EU will continue to support Ukraine and Moldova in their efforts to implement the Visa 
Liberalisation Action Plans. The Commission will regularly report on the progress made in 
the  implementation  of  the  VLAPs  to  the  Council  and  the  European  Parliament.  The  first 
assessment  reports  on  Ukraine  and  Moldova  are  presented  in  parallel  with  the  present 
Communication.  

3.1.5.  Functioning  asylum  and  international  protection  systems  in  line  with  international 

obligations  

Most  of  the  EaP  countries  have  made  some  progress  in  adopting  relevant  legislation  to 
provide international protection to those who need it. Nevertheless, there are still important 

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gaps  with  regard  to  both  legislative  frameworks  and  their  implementation.  The  EU  has 
supported the EaP countries in strengthening their protection capacities, including through the 
Regional  Protection  Programme  which  covers  Belarus,  Moldova  and  Ukraine.  The  second 
phase of this programme started in 2011.  

The  EU  will  continue  to  encourage  the  EaP  countries  to  complete  the  relevant  legislative 
framework and ensure its effective implementation. Moreover, it will continue to assist EaP 
countries in the further development  of institutions and training of staff involved in refugee 
status  determination  processes.  The  EU  will  also  provide  assistance  in  developing  national 
policies  on  refugee  integration.  Where  relevant,  the  assistance  will  be  provided  in 
cooperation with the European Asylum Support Office (EASO), which should support partner 
countries in all areas of practical cooperation on asylum-related matters. 

3.2. 

Integrated border management  

The  EU,  along  with  international  organisations  such  as  the  Organisation  for  Security  and 
Cooperation in Europe (OSCE) and the International Organisation for Migration (IOM) and 
other  donor  countries,  has  been  supporting  the  EaP  countries  by  way  of  a  number  of 
initiatives  on  border  management  such  as  EU  Borders  Assistance  Mission  (EUBAM)  in 
Ukraine and Moldova and the South Caucasus Integrated Border Management (SCIBM) 
project  in  Southern  Caucasus.  Moreover,  the  EaP  flagship  initiative  has  provided  the 
political  framework  for  integrated  border  management  projects  financed  from  the  European 
Neighbourhood  and  Partnership  Instrument  (ENPI).  These  projects  seek  to  enhance 
operational  capacities  by  providing  operational  and  country-specific  capacity  building 
activities and contributing to the establishment of modern training systems in these countries7. 
Although significant progress has been made in the area, the development of comprehensive 
training  strategies  for  this  sector  as  well  as  improvements  to  institutional  capacity, 
particularly in order to manage border crossing points effectively, require further efforts. 

When it comes to effective border management, FRONTEX has an important role to play and 
operational  cooperation  is  being  taken  forward  in  the  areas  of  information  exchange,  risk 
analysis, training, joint operations and pilot projects. So far FRONTEX has signed working 
arrangements with the competent authorities of Moldova, Georgia, Ukraine and Belarus. As 
a  result,  border  guard  officers  of  these  countries  already  participate  as  observers  in  Joint 
Operations  coordinated  by  FRONTEX  and  benefit  from  some  of  the  training  products 
developed by FRONTEX in cooperation with the EU Member States.  

Support  should  be  provided  for  the  drafting  and  the  subsequent  implementation  of  national 
integrated  border  management  strategies  in  all  Eastern  Partnership  countries,  in  the 
framework of existing initiatives.  

The conclusion of working arrangements between FRONTEX and the competent authorities 
of  Armenia  and  Azerbaijan  will  contribute  to  enhancing  the  implementation  of  the 
integrated  border  management  concept  and  increase  interoperability  between  the  border 
guards of the EU Member States and those from these two countries.  

7 

In addition, the ENPI will found in 2011 two pilot projects aiming at (a) strengthening the surveillance 
capacity and cross-border cooperation on the border between the Republic of Belarus and Ukraine and 
(b) enhancement of the border management capabilities between Georgia and Armenia. 

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In  the  area  of  risk  analysis,  the  establishment  of  regional  networks  similar  to  the  Western 
Balkans network (WEBRAN) might be further explored and developed.  

3.3. 

Public order and security 

Internal security cannot be achieved in isolation from the rest of the world, and in particular 
not  in  isolation  from  the  immediate  European  neighbourhood.  It  is  therefore  important  to 
ensure coherence and complementarity between the internal and external aspects of EU 
security. As is recognised by both the European Security Strategy8 and the Internal Security 
Strategy9, relationships with our partners are of fundamental importance in the fight against 
serious and organised crime and terrorism.  

3.3.1. 

Security of travel and identity documents  

Improvement of document security is a necessary step in order to benefit from visa facilitation 
with  the  EU.  Some  of  the  EaP  countries  have  started  issuing  biometric  passports  to  their 
citizens  and  worked  on  securing  the  issuing  process,  especially  in  relation  to  breeder 
documents,  enrolment  and  personalization,  which  is  essential  for  the  international  and 
national credibility of the personalized documents.  

The EU should step up the exchange of best practices with the EaP countries in the area of 
security  of  documents,  focusing  in  particular  on  the  introduction  of  biometrics  in  IDs  and 
travel documents, ensuring the efficiency and the integrity of the personalisation process 
and  the  necessary  data  protection  arrangements.  The  EU  should  encourage  and  support 
the  EaP  countries  to  secure  procedures  for  issuing  documents  and  overall  identity 
management, including appropriate registers.  

3.3.2.  Addressing trafficking in human beings,  

According  to  the  most  recent  United  Nations'  report10,  a  substantial  number  of  the  victims 
and traffickers for purposes of sexual exploitation in Europe hold nationalities of the EaP 
countries. Europol's recent assessment11 underlines the involvement of criminal groups based 
in the EaP countries in the trafficking of human beings, along with other criminal activities.  

Addressing trafficking in human beings is a high priority for the EU and the dialogue and 
cooperation  with  the  EaP  countries  in  this  area  is  already  well  developed.  The  areas  of 
cooperation include prevention, combating trafficking and protecting its victims and the EU 
and its Member States, as well as Europol have supported numerous projects to assist the EaP 
partner countries in combating this form of crime.  

The  EU  should  encourage  the  EaP  countries  who  have  not  yet  done  so  to  ratify  the  UN 
Palermo  Trafficking  in  Persons  Protocol  and  the  Council  of  Europe  Convention  on 
Actions  against  Trafficking  in  Human  Beings  and  to  make  optimum  use  of  international 

8 

9 

10 
11 

European Security Strategy: A Secure Europe in a Better World' was adopted in 2003 and reviewed in 
2008. 
Communication from the Commission to the EP and the Council 'The EU Internal Security Strategy in 
Action: Five steps towards a more secure Europe' COM/2010/0673 final. 
http://www.unodc.org/documents/Global_Report_on_TIP.pdf. 
EU Organised Crime Threat Assessment OCTA 2011. 

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instruments in combating all the various forms of human trafficking,  such as trafficking for 
the purpose of sexual and labour exploitation, domestic servitude and forced begging.  

The  EU  should  seek  to  further  strengthen  cooperation  in  tackling  the  trafficking  in  human 
beings. In particular, the EU should cooperate closely with the EaP countries on strengthening 
their capacities to provide protection and assistance to victims of human trafficking. This 
should  be  done  in  particular  by  creating  partnerships  between  governments,  non-
governmental organisations and the private sector in establishing mechanisms and procedures 
to better protect and assist victims of human trafficking and to ensure their safe return to the 
countries  of  origin  and  in  the  prevention  of  trafficking  in  human  beings.  This  cooperation 
should  be  based  on  the  human  rights  approach  taking  into  account  the  importance  of 
incorporating a gender perspective and using a child-rights approach. 

3.3.3.  Fight against organised crime  

Increased mobility not only benefits the citizens; it also indirectly facilitates the activities of 
transnational  criminal  networks.  Cooperation  between  the  EU  and  the  EaP  countries  to 
tackle this challenge is already well developed. Nevertheless, the appearance of new channels 
and new forms of organised crime requires continuous cooperation in order to confront it in 
an integrated manner. The criminal phenomena prevailing in the region are the smuggling of 
drugs,  excisable  goods  (including  cigarettes),  counterfeit  goods  and  trafficking  in  human 
beings.  

Cooperation, particularly at the operational level, between Europol and countries of the EaP 
is one of the tools to enhance effectiveness in the fight against serious, organised crime and 
terrorism.  Europol  has  already  concluded  strategic  Agreements  with  Ukraine  and 
Moldova.12  

In  order  to  further  strengthen  cooperation  in  the  fight  against  organised  crime,  the  EU 
should  invite  countries  of  the  EaP  region  to  fulfil  prerequisites,  in  particular  with  regard  to 
data protection, in order to be ready to establish strategic cooperation between Europol and 
the EaP countries or to upgrade the current strategic cooperation agreements into operational 
cooperation agreements. 

The  EU  should  support  regional  cooperation  in  the  area  of  security  and  the  fight  against 
organised  crime.  Relevant  initiatives  should  include  enhancing  police  and  customs 
cooperation  through  common  training,  amongst  others  in  cooperation  with  CEPOL  and 
Europol, exchange of best practices, joint investigations, in particular in the investigation of 
cross-border crimes, joint customs operations coordinated by the European Anti-Fraud Office 
(OLAF),  etc.  In  that  regard  initiatives  such  as  the  EuroEast  police,  aimed  at  increasing 
cooperation in the areas of internal security improvement in the EU and Eastern Partnership 
countries, and the Annual Task Group Cigarettes Conferences organised by OLAF, should be 
further  promoted  and  developed.  CEPOL  should  contribute  via  its  existing  Common 
Curricula in addition to its training courses. Arrangements on Cooperation with the relevant 
training institutions of the countries in question should be considered.  

The EU should closely coordinate together with the EaP Partners in its efforts and measures to 
including  by  comprehensively 
fight  against  smuggling  at  the  Eastern  Border, 

12 

Signed on 4 December 2009 and 12 February 2007 respectively.  

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implementing the Action Plan to fight against smuggling of cigarettes and alcohol along the 
EU Eastern Border.13  

The  EU  should  continue  to  support  EaP  countries  in  strengthening  the  capacities  of  the 
criminal  justice  authorities  of  EaP  countries  to  co-operate  effectively  against  cybercrime 
through the multilateral Platform on Democracy, Good Governance and Stability of the EaP 
with  the  assistance  of  Council  of  Europe.  Furthermore,  the  EU  should  encourage  partner 
countries  to  ratify  and  fully  implement  the  Convention  on  Cybercrime  of  the  Council  of 
Europe  (No.  ETS  185).  The  Convention  should  serve  as  a  guideline  and  framework  for  all 
countries that aim to develop a comprehensive national legislation against cybercrime. 

The EU should encourage the EaP countries to further strengthen their institutional capacity to 
fight against Chemical, Biological, Radiological and Nuclear (CBRN) risks, in particular by 
an active participation in the CBRN Centers of Excellence EU initiative.  

3.3.4.  Fight against financial crimes, including terrorist financing  

The fight against money laundering is important as a means to counter organised and other 
crime. International cooperation is key in this area as today's money flows hardly know any 
borders.  

The  fight  against  terrorist  financing  is  one  of  the  key  elements  in  the  EU's  efforts  in 
combating terrorism. It is regularly discussed at international and multinational fora such as 
the Financial Action Task Force (FATF), the UN and others. The majority of EaP countries 
are  not  members  of  the  FATF  but  they  are  (as in  the  case  of  12  of  the  EU  Member  States) 
members of FATF-style regional bodies. Active involvement in these bodies is important to 
adapt  national  Anti-Money  Laundering/Countering  Financing  Terrorism  regimes 
to 
international standards. The EU should encourage EaP countries to work closely together with 
the FATF and relevant FATF-style regional bodies.  

The Financial Intelligence Units (FIUs) are key components  of the  anti  money laundering 
and  counter  terrorist  financing  setup.  The  EU  should  encourage  the  EaP  countries  to 
strengthen their FIUs and foster their cooperation with the FIUs of the EU Member States.  

The EU should encourage the EaP countries to ratify and implement the 2005 Convention on 
Laundering,  Seizure  and  Confiscation  of  the  Proceeds  from  Crime  and  on  the  Financing  of 
Terrorism (No.ETS 198).  

The EU should promote the implementation of the UN Global Counter-Terrorism Strategy, 
adopted by UN General Assembly in 2006, which represents a comprehensive framework to 
tackle the threat of terrorism.  

The  EU  should  also  work  with  the  EaP  countries  on  preventing  radicalisation  and 
recruitment for terrorist activities. 

13 

Action plan to fight against smuggling of cigarettes and alcohol along the EU Eastern border, 24 June 
2011, SEC(2011) 791 final.  

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3.3.5.  Fight against corruption 

Fight against corruption is highly relevant to all other thematic priorities and, unless it is dealt 
with  efficiently,  it  may  undermine  the  cooperation  and  mutual  trust  in  all  other  areas.  The 
Commission's Communication on Fighting Corruption in the EU14 stressed that the assistance 
for strengthening the capacity of the neighbourhood countries to fight corruption will be 
one of the key aspects of the overall EU support granted to these partner countries. Moreover, 
the  Joint  Communication  of  the  High  Representative  of  the  EU  for  Foreign  Affairs  and 
Security  Policy  and  the  European  Commission  on  'A  new  response  to  a  changing 
neighbourhood'  highlight  that  the  levels  of  EU  support  to  partner  countries  will  be  adapted 
according  to  the  progress  on  political  reforms  and  building  deep  democracy,  including  the 
commitment of governments to fight corruption.  

EaP  countries  are  now  party  to  the  relevant  European  and  international  anti-corruption 
instruments. All EaP countries participate in the Council of Europe Group of States against 
Corruption  (GRECO)  and  all  have  ratified  or  accepted  the  United  Nations  Convention 
against  Corruption  (UNCAC).  Moreover,  all  EaP  countries  participate  in  the  OECD's  Anti-
Corruption Network for Eastern Europe and Central Asia. 

Participation in  the above-mentioned anti-corruption monitoring mechanisms needs  to be 
complemented  by  effective  implementation  of  the  relevant  legal  instruments,  including  an 
adequate  follow-up  of  their  recommendations  and  of  the  relevant  political  commitments.  In 
this  context,  the  EU  will  further  encourage  EaP  countries  to  implement  in  due  time  the 
outstanding  GRECO  recommendations  and  to  actively  participate  in  the  UNCAC  review 
mechanism, which promotes transparency of the evaluation process and involvement of civil 
society.  The  EU  will  also  encourage  the  EaP  countries  to  play  an  active  role  in  the  Anti-
Corruption Network for Eastern Europe and Central Asia and in the case of those which are 
covered  by  the  Istanbul  Anti-Corruption  Action  Plan  to  also  take  further  steps  to  ensure 
effective implementation of that plan. 

Moreover,  promoting  culture  of  integrity  should  continue  to  be  part  of  EU  cooperation 
programmes  with  EaP  countries  in  such  areas  as  border  management,  customs,  law 
enforcement and judiciary.  

Overall,  the  EU  should  promote  greater  involvement  of  civil  society  in  adopting, 
implementing and monitoring relevant legislative and policy measures as it is key to a sound 
and effective anti-corruption framework.  

3.4 Tackling illicit drugs  

Illicit  drugs  remain  a  top  priority  for  the  EU's  cooperation  with  the  EaP  countries.  The  EU 
Drugs Strategy (2005-2012) and the EU Drugs Action Plan (2009-2012) reconfirm the EU's 
commitments to provide assistance to third countries so as to enable them to be more effective 
in  reducing  both  demand  and  supply.  Particular  importance  is  attached  to  improving 
cooperation  with  the  ENPI  countries.  Although  some  progress  can  be  noted,  there  are  still 
major  gaps  in  the  area  of prevention,  harm  reduction  and  treatment.  Moreover,  some  of 
the EaP countries are important countries of transit for drugs arriving to the EU from Asia.  

14 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council  and  the  European 
Economic and Social Committee: 'Fighting Corruption in the EU', 6 June 2011, COM(2011) 308 final. 

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The  EU  should  encourage  the  EaP  countries  to  actively  cooperate  with  civil  society, 
particularly  on  prevention  among  vulnerable  groups  and  on  specialised  health  and  social 
assistance  aimed  at  reducing  harms  among  high-risk  drug  users.  In  this  context  special 
attention should be paid to the relationship between HIV/AIDS and injecting drug use, which 
is also a challenge for neighbouring EU Member States. This can be achieved by supporting 
EaP countries to develop and implement integrated and balanced national drug policies and 
integrated drug action plans, incorporating both demand and supply reduction, as well as of 
ensuring a better coordination among the agencies and bodies involved in drug-related issues 
and including drug demand reduction programmes and services, based on the latest scientific 
evidence and best practices and fully respecting human dignity and human rights.  

The  Commission  is  also  committed  to  working  together  with  EaP  countries  in  order  to 
disrupt drug trafficking, in particular the smuggling of heroin from Afghanistan and of 
chemicals used to produce drugs, to Afghanistan. Support for capacity building of the various 
law  enforcement  authorities  (police,  customs,  justice,  etc.)  therefore  remains  crucial.  Proper 
attention should also be paid to preventing the diversion of drug precursors used for the illicit 
manufacture of narcotic drugs and psychotropic substances. 

Where  relevant,  the  development  of  capacity  in  monitoring  the  drug  situation  should  be 
fostered, inter alia by promoting cooperation with the EMCDDA.  

3.5 Justice and fundamental rights  

3.5.1 Rule of law and reform of the judiciary 

The  rule  of  law  is  both  a  fundamental  principle  and  an  overarching  objective  of  the  EU  in 
cooperation with Eastern Partners. The EU attaches considerable importance to progressive 
reforms of state institutions in order to build up the effectiveness of the justice system and 
the  public's  confidence  in  it.  A  strong  justice  system  can  become  an  important  factor  to 
support  economic  growth  Most  of  the  EaP  countries  have  made  a  substantial  progress  in 
reforming their judiciary but major shortcomings persist.  

The EU is ready to monitor even more closely the reform of the judiciary, while encouraging 
and supporting the EaP countries to further strengthen their justice systems and guarantee the 
independence of the judiciary, its impartiality, effectiveness and accountability, as well as 
access to justice.  

3.5.2 Fundamental Rights 

The  EU  attaches  great  importance  to  comprehensive  cooperation  on  the  protection  of 
fundamental  rights.  Respect  for  fundamental  rights,  as  proclaimed  in  the  Universal 
Declaration of Human Rights and as defined in the European Convention on Human Rights, 
the Helsinki Final Act and the Charter of Paris for a New Europe and in the EU Charter of 
Fundamental Rights, form the basis of the domestic and external policies of the EU. 

The  cooperation  with  EaP  countries  focuses  on  strengthening  the  respect  for  human  rights, 
including respect for the rights of the child, freedom of expression, assembly of association, 
and  the  rights  of  persons  belonging  to  minorities.  The  promotion  and  mainstreaming  of 
gender  equality  and  fight  against  discrimination, as  fundamental  principles  of  EU  law, shall 
also  be  included  in  the  objectives  of  the  cooperation  plan,  specifically  taking  into  account 
ethnic origin, disability, religion and belief, sexual orientation and age. The implementation of 

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international  and  regional  human  rights  standards  is  highly  relevant  to  the  cooperation  with 
the EaP partner countries. Finally, combating torture and inhuman and degrading treatment is 
an overarching objective of the EU’s cooperation with Eastern Partnership countries.  

The EU will continue to encourage EaP countries to discuss issues of human rights on regular 
basis in the relevant HR Subcommittees as appropriate. Improved performance in the field of 
human  rights  is  also  a  key  condition15  for  further  developing  EU  relations  with  Eastern 
Partners. 

In view of the ongoing deepening of relations with the EaP countries, the EU will step up its 
monitoring in the  field  of  fundamental rights, while encouraging and supporting the EaP 
countries to further strengthen the protection of fundamental rights, covering both individual 
cases and issues concerning international law instruments on human rights. 

3.5.3 Judicial cooperation in civil and criminal matters16 

Most  of  the  EaP  countries  have  signed  and  ratified  a  number  of  relevant  international 
conventions  on  judicial  cooperation  in  civil  and  criminal  matters    However,  there  are  still 
important gaps as regards accession to the Conventions and full implementation of the 
conventions remains a challenge in many of the countries.  

The  EU  should  continue  to  encourage  all  EaP  countries  to  participate  in  the  established 
multilateral frameworks, as regards cooperation in civil and criminal justice matters. The EU 
should  further  encourage  and  support  the  EaP  countries  in  full  implementation  beyond 
ratification  of  the  relevant  international  conventions  on  cooperation  in  civil  and  criminal 
matters  (e.g.  on  extradition,  mutual  legal  assistance),  especially  in  the  framework  of  the 
Council  of  Europe  and  the  United  Nations.  This  requires  in  particular  continued  efforts  to 
improve  coordination  and  cooperation  between  the  judiciary  and  all  law  enforcement 
agencies,  including  through  investment  in  training,  human  resources  and  IT  tools.  Further 
efforts and continuous monitoring of strengthening the rule of  law  and  developing  common 
standards,  as  agreed  in  common  international  fora  (such  as  the  Council  of  Europe),  should 
remain a constant objective of EU cooperation with EaP countries.  

3.5.4 Data protection 

A solid system to ensure individual's right to the protection of their personal data, in terms of 
both  legislation  and  effective  institutional  capacity,  is  of  cross-cutting  importance  for  all 
areas  of  cooperation  between  the  EU  and  EaP  countries  which  involve  the  exchange  of 
personal  data.  In  the  JHA  field  in  particular,  robust  protection  rules  are  an  essential 
precondition  for  operational  cooperation,  both  with  EU  Member  States  as  well  as  EU 
agencies, such as Europol and Eurojust. Moreover, the collection and exchange of a growing 

15 

16  

For example the disbursement of the EU macro-financial assistance is conditional to continued respect 
of the Rule of Law, Democracy and Human Rights by the partner country authorities. 
The aspects of cooperation with Eastern Partnership countries in this area will be further developed in a 
Commission Communication on the external dimension of justice planned for the end of 2011.   

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volume of personal data in the JHA field, such as biometric identifiers or individuals' personal 
identification numbers in databases, likewise requires robust rules ensuring individual's right 
to the protection of their personal data. To that end, it is necessary to adopt comprehensive 
national legislation on the protection of personal data, along with effective implementation 
of  that  legislation,  including  the  establishment  of  a  fully  independent  public  data  protection 
supervisory authority.  

Progress in this area in EaP countries is mixed, with some of them having already ratified the 
relevant international conventions and put relevant legislation in place, while others have yet 
to establish a sound legal framework for data protection. The effective implementation of data 
protection instruments remains a challenge throughout the region.  

The  EU  should  encourage  the  EaP  countries  to  ratify  the  relevant  international 
conventions,  adopt  appropriate  data  protection  laws  and  ensure  their  effective 
implementation,  so  as  to  guarantee  the  individual's  right  to  protection  of  their  data,  in 
particular by establishing independent data protection supervisory authorities.  

4. 

CONCLUSIONS 

Continous, trust-based cooperation within the Eastern Partnership, both at the strategic and 
operational  levels,  is  essential  for  increasing  mobility  and  promoting  people-to-people 
contacts, while addressing the challenges and threats that do not respect borders – such as 
terrorism, organised crime, corruption and trafficking in human beings – and helping the EU 
neighbours to anchor the essential values and principles of human rights, democracy and 
the rule of law.  

The  EU  and  its  Member  States  will  enhance  technical  and  financial  support  to  Eastern 
Partners  with  a  view  to  consolidating  the  reform  process  in  the  area  of  Justice  and  Home 
Affairs that was recently lauched.  

The Commission is confident that the proposed set of orientations will enable the EU and the 
Eastern Partnership Countries to further enhance the political and operational cooperation 
within the Eastern Partnership in the area of JHA and move closer towards the establishment 
of  a  Common  JHA  Space,  in  line  with  the  conclusions  and  recommendations  made  in  the 
Commission  and  High  Representative  Joint  Communication  of  25  May  2011  on  "A  new 
response  to  a  chaning  Neighbourhood"  and  the  Council  Conclusions  on  European 
Neighbourhood Policy of June 2011.  

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General overview of the frameworks for dialogue and cooperation in the area of Justice 
and Home Affairs between the EU and Eastern Partnership countries 

Annex 

1. 

EXISTING  FRAMEWORKS  FOR  DIALOGUE  AND  COOPERATION  AT  THE  BILATERAL 
LEVEL 

The dialogue and cooperation between the EU and the Eastern Partnership (EaP) countries has 
a long tradition and a wide scope. It is based  mainly  on the  Partnership and  Cooperation 
Agreements  (PCAs),  signed  with  Ukraine,  Moldova,  Georgia,  Armenia  and  Azerbaijan, 
including  the  relevant  sub-committees  and  regular  sectoral  dialogues.  Justice  and  Home 
Affairs  (JHA)  issues,  including  human  rights,  have  always  been  an  important  part  of  that 
framework and a wide range of initiatives have been implemented in that context. The main 
fora  for  the  dialogue  with  EaP  countries  are  the  JHA-Subcommittees  and  Human  Rights 
dialogues.1  The  PCAs  will  be  replaced  in  the  future  by  Association  Agreements,  for  which 
negotiations are currently ongoing. Moreover, a number of dialogues have been developed, in 
which JHA issues are discussed, such as the Mobility Partnerships (currently in place with 
the Moldova and Georgia, since 2008 and 2009 respectively), Visa Dialogues with Ukraine 
and Moldova and the relevant structures and meetings set up in these different contexts.  

Mobility Partnerships are a tool of the Global Approach to Migration and they are inspired 
by  it.  They  constitute  a  political  framework  for  an  enhanced  and  tailor-made  dialogue  and 
cooperation  with  third  countries  in  the  field  of  legal  migration,  migration  and  development, 
fight against illegal migration, including readmission.  

The Visa Dialogue is a framework to address the conditions for visa liberalisation, allowing 
short-term, visa free travel between the EU and the country concerned. It is dependent on the 
effective implementation of a series of benchmarks by the partner country covering a broad 
spectrum  of  JHA  matters,  following  a  detailed  and  tailor-made  two-phased  action  plan.  To 
date, the EU has presented two such Visa Liberalisation Action Plans to the EaP countries, 
namely  to  Ukraine  in  November  2010  and  to  Moldova  in  January  2011.  The  Visa 
Liberalisation  Action  Plans  focus  on  key  areas  such  as  document  security,  border  and 
migration management, asylum policy, public order and security, including the fight against 
organised  crime  and  trafficking  in  human  beings,  as  well  as  relevant  external  relations  and 
fundamental  rights.  They  contain  a  first  set  of  criteria  concerning  the  policy  framework 
(legislation  and  planning)  and  a  second  set  of  more  specific  benchmarks,  covering  the 
effective and sustainable implementation of relevant measures to produce concrete results on 
the ground.  

A  specific  JHA  Action  Plan  was  agreed  between  the  EU  and  Ukraine  in  2001  and  was 
revised  in  2007.  Moreover,  the  EU  and  Ukraine  meet  every  year  at  the  Ministerial  level  to 
discuss JHA issues.  

1 

The EU developed dedicated full fledged Human Rights dialogues with some countries in the Eastern 
Partnership (Armenia, Belarus, Georgia and Moldova). Whereas human rights issues are covered by the 
joint JHA&HR Subcommittee in the case of Azerbaijan with a full day dedicated to HR discussions, in 
the case of Ukraine a full day within the JHA Subcommittee has been dedicated to human rights since 
2011. 

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Bilateral  political  dialogue  on  drugs  regularly  takes  place  with  Ukraine.  Political  dialogues 
with Armenia, Moldova, Azerbaijan and Georgia have been organised for the first time by the 
Polish Presidency. 

Furthermore, the EU developed specific contractual relationships with some countries in the 
Eastern  Partnership  in  the  JHA  area  by  concluding  Readmission  and  Visa  Facilitation 
Agreements (Moldova, Georgia and Ukraine2) and established Joint Committees under those 
agreements.  Negotiations  on  new  broader  Visa  Facilitation  Agreements  with  Moldova  and 
Ukraine were launched in May 2011. 

Belarus  is  participating  in  the  multilateral  activities  of  the  Eastern  Partnership.  A  Joint 
Interim  Plan  for  Belarus  is  being  drawn  up.  In  addition,  JHA  issues  are  on  the  agenda  of  a 
number of fora at the regional level, involving some or all of the EU and EaP countries. 

The  analysis  of  the  different  frameworks  for  dialogue  and  cooperation  between  the  EU  and 
EaP countries at the bilateral level in the JHA area reveals a multifaceted picture, with the 
same issues being discussed in more than one framework. The complexity is further increased 
by  the  fact  that  some  of  the  frameworks  have  a  legally  binding  character  (partnership  and 
cooperation agreements, readmission agreements, visa facilitation agreements) and others are 
of  a  more  operational  (e.g.  cooperation  platforms)  or  a  mixed  political  (dialogues  at 
ministerial  level)  and  operational  nature  (mobility  partnerships,  visa  dialogue  and  its  action 
plan). Some cover only part of the JHA agenda (mobility partnerships) and others are part of a 
broader dialogue structure (JHA-Subcommittees).  

2. 

EXISTING FRAMEWORKS FOR DIALOGUE AND COOPERATION AT THE REGIONAL AND 
MULTILATERAL LEVEL 

A  number  of  regional  fora  bringing  together  the  EU  MS  and  the  Eastern  Partners  provide 
platforms  for  exchange  of  information  and  best  practices  as  well  as  implementation  of 
concrete  cross-border  initiatives.  However,  there  is  some  overlapping  between  them  with 
regard to topical and geographical scope.  

As  for  migration  issues,  both  the  EU  and  the  EaP  countries  are  involved  in  a  substantial 
number  of  processes.  One  that  encompasses  all  of  the  EaP  countries  and  some  of  the  EU 
Member  States  is  the  Söderköping  process,  which  was  created  in  2001  and  is  aimed  at 
sharing  experiences  on  asylum,  international  protection,  migration  and  border  management 
issues  between  some  of  the  EU  countries  and,  initially,  Moldova,  Ukraine  and  Belarus,  and 
subsequently also Armenia, Azerbaijan and Georgia.  

All  the  Eastern  Partners  also  participate  in  the  Prague  Process  (Building  Migration 
Partnerships), which also brings together the EU Member States, Eastern and South-Eastern 
European  countries  as  well  as  Central  Asian  Countries.  It  aims  to  strengthen  cooperation 
between  the  participating  states  in  migration  management  in  all  its  different  dimensions.  A 
major Ministerial Conference due to be held on 3 and 4 November 2011 in Poznan, at which 
the participating States are expected to adopt an Action Plan.  

2 

Signed  on  10  October  2007,  22  November  2010  and  18  June  2007  respectively  The  Commission  is 
further authorised to negotiate the same agreements with Belarus and will soon present the proposal for 
such authorisations for Azerbaijan and Armenia.  

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The  Budapest  Process  is  a  consultative  forum  involving  EU  Member  States,  Eastern  and 
South-Eastern European countries and Central Asian Countries, as well as the USA, Canada 
and Australia. Its main purpose is the exchange of information and experience in dealing with 
regular  and  irregular  migration,  asylum,  visa,  border  management,  trafficking  in  human 
beings and smuggling of migrants, readmission and return.  

The  fight  against  transnational  crime  is  one  of  the  topics  discussed  in  the  context  of  the 
Black Sea Synergy, which aims to strengthen cooperation between the countries around the 
Black Sea. One of the Eastern Partners - Moldova - participates in the Southeast European 
Cooperative  Initiative  (SECI)  Regional  Centre  for  Combating  Trans-Border  Crime, 
which  is  a  regional  organization  bringing  together  police  and  customs  authorities  from  13 
countries  in  South-East  Europe.  It  supports  national  customs  and  law  enforcement  agencies 
through information sharing, knowledge development, joint planning and common action in 
the field of trans-border crime.  

In the framework of the Eastern Partnership, a number of multilateral platforms have been 
established. Three of the platforms, on democracy, good governance and stability (platform 
1), on economic integration and convergence with EU policies (platform 2) and contacts 
between  people  (platform  4)  address  some  of  the  justice  and  home  affairs  issues.  Three 
dedicated  panels,  namely  the  Integrated  Border  Management  Panel,  the  Panel  on  the  Fight 
against Corruption and the Panel on Improved Functioning of Judiciary, have been established 
under platform 1.  

The Integrated Border Management Panel allows the EaP countries and EU Member States 
to share experiences and report on the progress made towards integrated border management 
strategies and action plans. It ensures that training activities are framed within a strategic and 
programmatic  approach  to  integrated  border  management  and  differentiated  appropriately, 
based  on  each  partner's  level  of  progress  in  the  development  of  an  integrated  border 
management  strategy.  To  help  improving  border  management  practices,  the  panel  has  also 
supported  actions  to  measure  the  level  of  public  satisfaction  with  the  operation  of  border 
controls in the EaP countries.  

The Panel on the Fight against Corruption aims  to facilitate the  exchange of information 
and best practices on building integrity, as well as prevention and prosecution of corruption in 
the  EaP  countries  through  a  multilateral  approach  and  with  a  view  to  promoting  better 
implementation of the international commitments, in particular those set up by the Council of 
Europe  and  UN  Convention  against  Corruption.  Participants  include  the  EaP  countries, 
Member States, EU institutions, the Council of Europe and representatives of the civil society. 
The  "Human  Rights,  Democracy  and  Rule  of  Law  Facility",  funded  by  the  European 
Commission and implemented by the Council of Europe, includes the fight against corruption 
as one of its areas of cooperation.  

The Panel on Improved Functioning of the Judiciary was established with the assistance of 
the Council of Europe under the multilateral framework of the EaP to respond to these needs. 
The  Panel  and  its  concrete  activities  will  facilitate  the  exchange  of  information  and  best 
practices  on  effective  delivery  of  justice  with  a  view  to  promoting  adherence  of  the  partner 
countries to international standards, in particular those formulated in the relevant conventions 
of the Council of Europe and the UN.  

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