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Delegations will find attached Commission document SEC(2006) 814.
________________________
Encl.: SEC(2006) 814
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 28.6.2006 SEC(2006) 814
COMMISSION STAFF WORKING DOCUMENT
Annex to the
COMMUNICATION DE LA COMMISSION AU CONSEIL ET AU PARLEMENT
EUROPÉEN
Renforcer la liberté, la sécurité et la justice dans l'Union européenne :
Rapport sur la mise en oeuvre du programme de La Haye pour l'année 2005
(Institutional scoreboard Table 1)
F OLLOW - UP OF MEASURES PROVICED FOR UNDER T HE H AGUE A CTION PLAN IN THE FIELDS OF JUSTICE , FREEDOM AND SECURITY
FOR 2005
INSTITUTIONAL SCOREBOARD T ABLE 1 2
Action under the Action Plan Competent body Deadline State of play
3
-
-Framework Programme "Fundamental Rights and Justice" under the new Financial Perspectives
Proposal for a Decision Commission 2005 Achieved 5
1 See the Council and Commission Action Plan implementing the Hague Programme on strengthening freedom, security and justice in the European Union (OJ C 198, 12.8.2005, p. 1).
2 This table refers only to action scheduled in 2005 or for which no year is indicated in the Hague Action Plan and Programme. Action due in 2006 and thereafter will be assessed in future scoreboards. 3 This table uses the same classification/titles as provided for under the Hague Action Plan. - 2 -
2
Action under the Action Plan Competent body Deadline State of play
establishing a specific
The proposal for a Council Decision establishing for the period 2007-2013 the specific programme "Fundamental rights and citizenship" as part of the general programme "Fundamental Rights and Justice" was adopted on 6 April 2005
programme on citizenship and fundamental rights
4
This is currently being discussed in the Council and the European Parliament.
Proposal for a Decision establishing Commission 2005 Achieved a specific
programme on the fight against violence (Daphne) and drugs prevention and information The proposal is part of the general programme "Fundamental Rights and Justice" adopted on 6 April 2005 7
.
The two strands of this programme were split on 24 May 2006 into two different specific programmes: one on Fight against violence (Daphne) and the other one on Drugs prevention and information
8
. This split answered requests in that sense by
the European Parliament, civil society organisations and most of the Member States.
Both programmes are currently being discussed in the Council (Horizontal Group on Drugs and ad hoc Working Party on Fundamental Rights for Daphne) and the
4
Italics indicate a legislative measure referred to under the Hague Action Plan.
5 "Achieved", "delayed" or "postponed", refer to the actions foreseen under the Action Plan. The level of achievement of any action must be read in conjunction with the request made by the Action Plan and the correspondent Institution responsible for delivering it. For example, whether the Action Plan requests the Commission to present a proposal, the correspondent section of the present Scoreboard is classified as "achieved" when such a proposal has been eventually presented by the Commission. It does not mean the level of achievement of a policy. 6 COM(2005) 122. 7 COM(2005) 122. 8 COM(2006) 230. - 3 -
2
Action under the Action Plan Competent body Deadline State of play
European Parliament.
-
-Accession of the Informal discussio n to be started in 2005 Delayed European Union to the European Convention for the protection of human rights and fundamental freedoms
Only the Constitution can provide the necessary legal basis.
Proposal extending the Commission 2005 Achieved mandate of the European Monitoring
Centre on The proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights and the proposal for a Council Decision empowering the European Union Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union were adopted by the Commission on 30 June 2005 Racism and Xenophobia towards
a Fundamental Rights Agency
9
.
The first reading in the Council started in October 2005.
It is hoped that the measures will be adopted in 2006 so that the Agency could be operational from January 2007.
-
-Promotion and protection of women and child rights
Daphne II programme: 2006 Commission 2005 Achieved
9 COM(2005) 280. - 4 -
2
Action under the Action Plan Competent body Deadline State of play
work programme
The work programme was approved at the end of December 2005. A call for proposals was issued, with a deadline of 10 February 2006.
Communication on the Commission 2005 Postponed to 2006 protection of the rights of the child
A draft Communication is being prepared and is due for adoption by the Commission in July 2006.
-
-Protection of personal data
Communication on the Commission 2005 Postponed to 2006 follow-up measures to the Work Programme for a better implementation of the data protection Directive
The Commission is still analysing the overall results achieved under the work programme and is still considering the best way forward to safeguard individuals' fundamental right to protection of their data, while taking care of other important interests at stake. For this reason and, in particular, because of the in-depth analysis of all national implementing measures, the Communication had to be postponed until the second half of 2006.
Communication on PETs (privacy Commission 2005 Postponed to 2006 enhancing
technologies) The Commission is still analysing different aspects related to this issue. Because of the highly technical and evolving nature of this issue, it has required more work than initially expected, including gathering technical input from experts in the relevant field. This document is expected to be formally adopted in the second half of 2006. Proposal for legislation on Commission 2005 Achieved - 5 -
2
Action under the Action Plan Competent body Deadline State of play
the protection of personal data in the context of police cooperation
The proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters was adopted on 4 October 2005
and judicial 10
.
cooperation in criminal matters (see point 3.1 (c))
It is being discussed in the Council (at working group level). The European Parliament is being consulted. The EDPS gave its opinion on 19 December 2005.
-
-EU Action Plan on drugs 2005 to 2008 Commission 2005 Achieved Following endorsement by the Council of the EU Drug Strategy (2005-2012) of December 2004, the Commission adopted a Communication on an EU Drugs Action Plan (2005-2008) on 14 February 2005
11
12
adopted by the Council on 28 June 2005 .
Continuous evaluation of the EU Action Plan on drugs 2005 to 2008 Commission 2005 (annual) Postponed to 2006 Given the short period of time for which the new Action Plan has been in existence, the Commission did not present an annual progress review on implementation of the Drugs Action Plan in 2005.
In this context, the Commission presented to the Council (Horizontal Drugs Group) a technical "non-paper" setting out the concepts and procedures for monitoring and
10 COM(2005) 475 and SEC(2005) 1241. 11 COM(2005) 45 and SEC(2005) 216.
12 Council EU Drugs Action Plan (2005-2008) - OJ C 168, 8.7.2005, p. 1. - 6 -
2
Action under the Action Plan Competent body Deadline State of play
evaluating the Action Plan. This document was accompanied by a table ("roadmap") indicating the data source to be used for the annual progress review for each action and its indicator.
The same information has been sent to the European Parliament.
The first annual progress review will be presented in autumn 2006.
-
-Strategy on all the external aspects of the Union policy on freedom, security and justice, based on the measures developed in the Hague programme Council 2005 Achieved The JHA Council adopted a Strategy for the External Dimension of JHA: Global Freedom, Security and Justice on 1 December 2005 and the General Affairs Council endorsed it on 12 December 2005.
Communication on all the external aspects of the Union policy on freedom, security Commission 2005 Achieved The Commission adopted its Communication entitled "A Strategy on the external dimension of the area of freedom, security and justice: The European Commission's contribution" on 12 October 2005
and justice
(contribution to the
Strategy) from the Council's General Secretariat, it served as a basis for the Strategy for the External Dimension of JHA endorsed by the Council in December 2005.
13 COM(2005) 491. - 7 -
2
Action under the Action Plan Competent body Deadline State of play
Report on the application of Directives Commission Achieved 90/364/EEC,
90/365/EEC and 93/96/EEC on the right of residence of pensioners, students The third report from the Commission to the Council and the European 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 was adopted on 5 April 2006 and
14
inactive persons .
Report on the application of Directive 93/109/EC on the right to vote in the European Parliament Commission 2005/ 2006 The draft is being finalised and should be adopted in the course of 2006. elections,
including in the new Member States, and, if appropriate, proposals for the amendment of the latter Directive
14 COM(2006) 156. - 8 -
2
Action under the Action Plan Competent body Deadline State of play
-
-Framework Programme "Solidarity Commission 2005 Achieved and
Management of Migration Flows" under the new Financial Perspectives The four funds that have been proposed under this Framework Programme (European Refugee Fund, External Borders Fund, Fund for the Integration of Third-country Nationals and European Return Fund discussed in the Council and the European Parliament.
-
-Common analysis of migratory phenomena in all their aspects (reinforcing the collection, provision, exchange and efficient use of up-todate information and data)
Annual reports on migration and asylum statistics 2005 (ongoing) The statistical report for 2002 will be published in February 2006. The report for 2003 will be published in July 2006. Adoption of an EU Council/ 2005 Delayed framework Regulation on the collection of migration and asylum statistics Parliament
The Commission adopted its proposal for a Regulation of the European Parliament and of the Council on Community statistics on migration and international protection on 14 September 2005
16
. It is now being negotiated under the co-
decision procedure in the Parliament and the Council with a view to adoption under the Austrian Presidency.
15 COM(2005) 123 final/2 of 2 May 2005. 16 COM(2005) 375. - 9 -
2
Action under the Action Plan Competent body Deadline State of play
Green Paper on the future of the Commission 2005 Achieved European migration
network The Commission presented the Green Paper on 28 November 2005
for sending written contributions was 28 January 2006. A hearing of selected experts was held later on to complete the consultation process.
Proposal for a mutual information Commission 2005 Achieved system on
migration issues The proposal for a Council Decision on the establishment of a mutual information system concerning Member States' measures in the areas of asylum and immigration was adopted by the Commission on 10 October 2005 started in the Council under the Austrian Presidency.
Adoption of the asylum procedures Directive Council/ Parliament 2005 Achieved The Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status was adopted by the JHA Council on 1 December 2005
19
, following the Commission's proposal dated 20 September
17 COM(2005) 606. 18 COM(2005) 480.
19 OJ L 326, 13.12.2005, p. 13.
20 Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (COM(2000) 578 final), OJ C 62 E, 27.1.2001. - 10 -
2
Action under the Action Plan Competent body Deadline State of play
20
2000 .
Conclusion of the "parallel agreements" with Denmark on Council 2005 Achieved 21
"Dublin II" and Following the Commission's proposals , both the agreement with Denmark on "Eurodac" Dublin and Eurodac and the protocol to the agreement with Norway and Iceland on Dublin, extending its application to Denmark, were signed, on 10 March and 25 June 2005 respectively. The European Parliament approved conclusion of the agreement and of the protocol on 13 December 2005.
Formally adopted by the JHA Council of 21 February 2006
-
-Evaluation of the first phase legal instruments
Monitoring the transposition and implementation of first phase instruments Commission 2005 The deadline for transposing Directive 2003/9 on reception standards for asylum seekers expired on 6 February 2005. The Commission opened a number of infringement procedures for non-notification of the national transposition measures (in the mean time most have been closed). In the course of 2006 the Commission will produce an evaluation of the Dublin and EURODAC Regulations and a report on implementation of the Reception Standards Directive. ongoing
-
-Second phase of development of a common European asylum system, establishment of a common asylum procedure and a uniform status for those who are granted asylum or subsidiary protection
21 COM(2004) 594 final and COM(2005) 131 final. 22 OJ L 66, 8.3.2006, p. 37. - 11 -
2
Action under the Action Plan Competent body Deadline State of play
Proposal on long-term Commission 2005 Postponed to 2006 resident status for
beneficiaries of The proposal for a Directive extending long-term status to beneficiaries of international protection is being prepared and should be adopted in the second quarter of 2006. international protection
-
-Cooperation between Member States relating to the common European asylum system, after the establishment of a common asylum procedure
Establishment of structures involving Commission/ Council 2005 Achieved the national
asylum services of the The Communication from the Commission to the Council and the European Parliament on "Strengthened practical cooperation - New structures, new approaches: improving the quality of decision making in the common European asylum system" was adopted on 17 February 2006 Member States for promoting cooperation
Establishment of a European support office in charge of all forms of cooperation concerning Commission The Commission will report on the progress achieved on strengthened cooperation in the field of asylum at the end of the first phase of activities (early 2008). Based on this evaluation, a feasibility study will be carried out on the establishment of a European support office for all forms of cooperation between Member States relating to the common European asylum system. a common
asylum system on the basis of an evaluation
23 COM(2006) 67 and SEC(2006) 189. - 12 -
2
Action under the Action Plan Competent body Deadline State of play
-
-Establishment of the European Refugee Fund (ERF) 2005 to 2013 to assist Member States in the processing Council Achieved The Council Decision establishing the European Refugee Fund for the period 2005 to 2010 was adopted on 2 December 2004
24
. Action in the Member States will be
of asylum implemented on the basis of a programme divided into two multi-annual phases (2005 to 2007 and 2008 to 2010). applications and in the reception
of certain
The amount for the period from 1 January 2005 to 31 December 2006 is EUR 114 million.
categories of third-country nationals
Final Report on the Commission 2005 Postponed to 2006 European Refugee Fund
Postponed to summer 2006.
Proposal for amending the European Refugee Fund decision to assist Member States in the reception of certain categories of thirdcountry nationals Commission 2005 Postponed to 2006 The proposal for a Council Decision amending the ERF II in order to provide financial support for resettlement activities and to provide better support for administrative cooperation between Member States was adopted on 24 May 2006
25
.
Approvals of European Commission 2005 Postponed to 2006 Refugee Fund national
multi-annual programming Ongoing.
24 OJ L 381, 28.12.2004.
25 Adaptation of COM(2005) 123 final, dated 2 May 2005, following the agreement of 17 May 2006 on the Financial Framework 2007-2013. - 13 -
2
Action under the Action Plan Competent body Deadline State of play
-
-Developing policy on legal migration
Assessment and monitoring of the transposition and implementation Commission 2005 (ongoing) Achieved
of first Several meetings with the Member States on the transposition and application of the existing Directives were held in the course of 2005, in particular on family reunification (2003/86/EC, applicable as of 3 October 2005) and on long-term resident status (2003/109/EC, applicable as of 26 January 2006). phase Directives on legal migration
Debate on Green Paper on economic migration Commission 2005 Achieved The Green Paper on an EU approach to managing economic migration was presented on 11 January 2005
26
and the deadline for the public consultation was 15
April 2005. Debates were held at the JHA Council of February 2005 and the EMPL Council of May 2005. The Commission received more than 130 written contributions from all relevant stakeholders and a public hearing was held on 14 June 2005.
The EP gave its opinion in October 2005; the EESC and the Committee of the Regions gave their opinions in May 2005.
26 COM(2004) 811 final. - 14 -
2
Action under the Action Plan Competent body Deadline State of play
On the basis of the outcome of the public consultation on the Commission Before end Achieved of
Green Paper on 2005 (point 1.4 of The Policy Plan on legal migration was adopted on 21 December 2005
economic migration, comprehensive document containing a set of legislative and operational measures to be put forward between 2006 and 2009 on: conditions of admission and residence for economic immigrants; information building and sharing; integration measures; and measures to be enacted in cooperation with the countries of origin. presentation of a Policy Plan on the
legal migration, Hague Program me) including admission procedures
-
-Establishment of a coherent European framework for integration
Communication on a Commission 2005 Achieved European framework for integration
The Communication on "A common agenda for integration: Framework for the integration of third-country nationals in the European Union" was adopted on 1 September 2005
28
. Conclusions adopted by the JHA Council of 1-2 December 2005
supported the lines of action contained in this Communication.
29
-
-Promotion of the structural exchange of experience and information integration
27 COM(2005) 669 final. 28 COM(2005) 389 final.
29 Complementary activities are undertaken in the framework of the European employment strategy and the social inclusion process. - 15 -
2
Action under the Action Plan Competent body Deadline State of play
Management of INTI Commission 2005 to The Commission received 139 grant applications in response to the INTI 2005 call for proposals. The Commission has agreed to co-finance 15 new projects in connection with the call for proposals under the INTI 2005 programme to the tune of some EUR 4.3 million. A total of EUR 5 million has been set aside for 2006, the last year of the INTI programme. The 2006 call for proposals will be launched before the summer. The priorities will be determined on the basis of experience in previous years and will be consistent with the common basic principles for integration adopted by the Council and expanded on in the Commission Communication on a common agenda for integration preparatory actions 2006
Annual reports on Commission 2005ongoing The 2nd annual report on immigration and integration is to be adopted before summer 2006. This report will be factual and provide an overview of the state of play in the field of integration, without any further analysis and without drawing any policy conclusions. It will take the form of a Commission staff working document. immigration and integration
A 3rd annual report will follow.
Contribution to management Council/ 2005- The Commission Decision on the format for report on the activities of immigration
30 COM(2005) 389 final. - 16 -
2
Action under the Action Plan Competent body Deadline State of play
of immigration liaison Commission ongoing liaison officers' networks and on the situation in the host country in matters relating to illegal immigration 31
networks in relevant third countries was adopted on 29 September 2005. Reports drawn up in
this format will enable the Council and the Commission to evaluate the work of those networks as well as the situation with regard to illegal immigration in the third countries concerned.
Annual report on the Commission 2005ongoing Postponed to 2006 common policy on illegal migration
Postponed to the second quarter of 2006 so that it can be annexed to the upcoming Commission Communication on future priorities in the fight against illegal immigration
32
.
Adoption of a Commission Decision Commission 2005 Achieved establishing a
secure web-based The Commission Decision laying down detailed rules for the implementation of Council Decision 2005/267/EC establishing a secure web-based information network for Member States' migration management services (Iconet) was adopted on 15 December 2005 information network for Member States' migration services (ICONET)
33
. In early 2006 Commission staff organised a meeting and
training for the national contact points of Member States in order to ensure that the network could become fully operational.
31 C(2005) 1508 final.
32 This Communication does not stem from the Hague Programme but is an initiative of the Commission. The Communication is closely linked to the policy plan on legal migration, which sets out a range of initiatives which the Commission intends to take in the years ahead, mainly in the field of economic migration. The policy plan explicitly acknowledges that the admission of economic migrants requires further measures to combat illegal immigration more effectively in order to ensure the integrity and credibility of such an admission policy. The planned Communication will be the Commission's response to that announcement and will include, as an annex, the second annual report on the progress made in combating illegal immigration. 33 C(2005) 5159 final. - 17 -
2
Action under the Action Plan Competent body Deadline State of play
Proposal for the conclusion and signature of the Council of Europe Convention on action against trafficking in human beings (CAHTEH) Commission 2005 Delayed The Convention was opened for signature by the Parties in May 2005. The Commission may consider presenting a proposal for signature and conclusion by the EC in due time.
Realisation by Member The Policy Plan on Legal Migration of 21 December 2005
States of targets for reducing the informal economy as set out measures to address the issue of illegal employment of third-country nationals. More measures will be presented in the future Communication on illegal immigration due for adoption in July 2006 (see 26 (f)). Other action provided for by the Lisbon Strategy is carried out by Member States in the context of the employment strategy and policies. in the European employment strategy
Presentation by the Commission The Commission is drafting a Communication on future priorities in the field of illegal immigration which is to be adopted in July 2006. Commission of a report which
may include
instruments for fighting against illegal work
-
-Establishment of an effective removal and repatriation policy based on common standards and closer cooperation and mutual technical assistance
34 COM(2005) 669. - 18 -
2
Action under the Action Plan Competent body Deadline State of play
Proposal on return Commission 2005 Achieved procedures
On 1 September 2005 the Commission tabled the proposal for a Directive on common standards and procedures in Member States for returning illegally staying third-country nationals
35
.
It is due to be adopted under the co-decision procedure.
The Council Working Party on Migration and Expulsion has started the first reading. The proposal was presented to the LIBE Committee of the European Parliament in November 2005.
Launching of the Commission 2005 Achieved preparatory actions for
financial support to return management The Commission adopted the preparatory actions 2005 work programme on 2 August 2005 36
. The call for proposals was published on 24 August 2005 (deadline
31 October 2005). 32 proposals for projects were received. Evaluation was finished in April 2006. 20 of them were accepted. The first contracts will be signed before summer 2006.
Appointment of a Commission 2005 Achieved Commission Special
Representative for a On 24 October 2005 the Commission appointed Karel Kovanda, Deputy DirectorGeneral of DG RELEX, as Special Representative for a common readmission common readmission policy
36 Preparatory actions for return management in the area of migration -- Call for proposals 2005, OJ C 224, 13.9.2005, p. 11. - 19 -
2
Action under the Action Plan Competent body Deadline State of play
policy, and Jean-Louis De Brouwer, Director in DG JFS, as Deputy SR.
Conclusion of Community readmission agreements and management Commission Timely Agreements have entered into force with Macao, Hong Kong and, in May 2005, with Sri Lanka. of existing
agreements Negotiations with Russia were concluded in October 2005. The Commission will submit two proposals for Council Decisions to the Council in April 2006, one authorising formal signature of the agreement, the other formally concluding the agreement on behalf of the Community. Formal signature occurred on 25 May 2006. The agreement with Albania was concluded on the EU side in November 2005.
Negotiations are in progress with Ukraine, Turkey, Morocco and Pakistan.
Negotiating mandates for agreements with China and Algeria were received on 28 November 2002, but formal negotiations have not yet been launched.
-
-Cooperation with third countries in managing migration and asylum
-
-20 -
2
Action under the Action Plan Competent body Deadline State of play
Communication on Commission 2005 Achieved migration and development
The Communication "Migration and Development: Some concrete orientations" was presented by the Commission on 1 September 2005
the Commission to give firm shape to the orientations contained in the Communication, in particular as regards migrant remittances, diaspora and brain drain issues, and approved conclusions on migration and external relations on 2122 November 2005.
Revised version for 2006 of the reference document of the AENEAS programme 2005 The need to revise the reference document expired as the duration of the Programme was limited to three years (2004-2006). Instead, a Communication proposing the creation of a thematic programme for the cooperation with third countries in the areas of migration and asylum, to replace the AENEAS Programme for 2007-2013, was presented on 25 January 2006 Completing the integration of migration into the country and regional strategy papers for Commission 2005 Achieved Integration of migration into the regional and country strategy papers is an ongoing process and most countries had been screened by the end of 2005. In 2006 the regional strategy papers for developing countries are to be completed.
all relevant third countries
Conclusions in order to intensify Member States' cooperation in preventing Council 2005 Achieved European Council conclusions were adopted on 15-16 December 2005.
37 COM(2005) 390. 38 COM(2006) 26. - 21 -
2
Action under the Action Plan Competent body Deadline State of play
further loss of life resulting from attempts to enter the EU illegally, mainly in the Mediterranean
-
-Development of EU Regional Protection Programmes
Plan of action for EU Regional Commission/ Council 2005 Achieved Protection
Programmes, including EU resettlement scheme The Commission adopted a Communication on Regional Protection Programmes on 1 September 2005 39
. The Council supported the approach proposed in the
Commission Communication and recognised that such programmes are a first step in improving access to protection and durable solutions for those in need of international protection as quickly and as close to their home as possible. The Council supported the proposal made in the Communication that pilot Regional Protection Programmes should be considered for the Western Newly Independent States (Ukraine, Moldova and Belarus) and sub-Saharan Africa (the Communication highlighted Tanzania).
Launching pilot protection programmes Commission 2005 Delayed
Due to the late publication of the AENEAS call for proposals (in December 2005), the first projects to form the two pilot Regional Protection Programmes in Tanzania and the Western NIS will be selected and contracted under the AENEAS financial programme in the course of 2006. A steering committee composed of relevant Commission departments, the UNHCR, interested Member States and other
39 COM(2005) 388 final. - 22 -
2
Action under the Action Plan Competent body Deadline State of play
relevant stakeholders has been meeting since January 2006 to supervise coordination and implementation of Regional Protection Programme activities.
-
-Intensified cooperation with countries of transit to enable these countries better to manage migration and to provide adequate protection for refugees
Report on progress and achievements in asylum and migration, Commission 2005 Achieved within the A Communication monitoring and evaluating the cooperation with third countries in the field of the fight against illegal immigration covering, for example, Morocco, Tunisia and Libya was presented on 27 July 2005 context of the European Neighbourhood Policy
-
-Abolition of controls on persons at the internal borders
Proposal on SIS II legal instruments Commission 2005 Achieved The three draft legal instruments necessary for the future Schengen Information System (SIS II) were adopted by the Commission on 31 May 2005
of the three proposals is to describe operation and use of SIS II.
40 COM(2005) 352.
41 Proposal for a Council Decision on the establishment, operation and use of the second generation Schengen information system (SIS II) (COM(2005) 230); proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen information system (SIS - 23 -
2
Action under the Action Plan Competent body Deadline State of play
The 1-2 June JHA Council reached a general approach on operation and use of the second generation Schengen Information System (SIS II). The European Parliament is to issue its opinion. In October 2005 the European Parliament rapporteur presented to the LIBE Committee two working documents explaining the existing SIS I and the changes proposed by the Commission. In December 2005 the European Economic and Social Committee endorsed the Vehicle Registration Regulation
42
.
-
-Establishment of an integrated management system for external borders
"Handbook for border The proposal for a Regulation of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), subject to the co-decision procedure, was presented by the Commission on 26 May 2004 guards" (after adoption of the Community code on the rules
governing the
movement of persons across borders) clarifying and developing the acquis on crossing the external and internal borders.
After intensive discussions between the three institutions, a political agreement on a well-balanced text was reached in June 2005. The European Parliament voted unanimously in favour of the agreed text on 23 June 2005. The text was formally adopted by the JHA Council on 21 February 2006.
II) (COM(2005) 236); proposal for a Regulation of the European Parliament and of the Council regarding access to the second generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (COM(2005) 237).
42 CESE 1486/05.
43 Communication from Mr Vitorino. Council Regulation establishing a Community Code on the rules governing the movement of persons across borders. PO/2004/161 (2004/0127/CNS). - 24 -
2
Action under the Action Plan Competent body Deadline State of play
The handbook for border guards is expected to be finalised in the course of 2006.
-
-Partial application of the Schengen acquis
Adoption of a Council Decision on the partial implementation Council 2005 Delayed of the The Council Decision depends on the technical preparations to be carried out by the United Kingdom, which have not yet been finalised. Schengen acquis (SIS) by the United Kingdom
-
-Coherent approach and harmonised solutions in the EU on biometric identifiers and data
Proposal modifying the Commission 2005 Achieved Common Consular
Instructions concerning The proposal for a Regulation of the European Parliament and of the Council amending the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications was adopted by the Commission on 31 May 2006. standards and procedures for taking biometric data, including the obligation to provide such data and specifying the exceptions to this obligation
44
Preparation for the Council From 2005 onwards Achieved development of minimum standards for national ID-
Several expert meetings were organised to work on the development of minimum
44 COM(2006) 269 final. - 25 -
2
Action under the Action Plan Competent body Deadline State of play
cards standards, the interoperability of electronic signatures and the issuing procedures. Conclusions in the form of a resolution by the representatives of Member States meeting within the Council were adopted by the JHA Council of 1 December 2005 45
. A detailed document on minimum security standards for ID should be
transmitted to the Council in the 1st half of 2006.
Preparation for the Council From 2005 onwards On 14 April 2005 the Council adopted the Decision authorising Member States to ratify, in the interests of the European Community, the Seafarers' Identity Documents Convention of the International Labour Organisation (Convention 185) development of minimum standards for sector-specific ID-cards, if appropriate
46
. The Convention has already been ratified by France (27 April 2004) and
Hungary (30 March 2005).
Communication on Commission 2005 (Hague Program me) Achieved enhanced synergies between SIS II, VIS and Eurodac
On 24 November 2005 the European Commission adopted a Communication to the Council and the European Parliament on improved effectiveness, enhanced interoperability and synergies among European databases in the area of Justice and Home Affairs
-
2006 (Hague Action Plan)
47
.
The Communication presents different scenarios that can be considered, but does not prejudge the outcome of an essential in-depth debate which should cover aspects such as the overriding need to preserve the delicate balance between the measures envisaged and the protection of fundamental rights (with special
45 Council doc. 15000/05; Draft Conclusions of the Representatives of the Governments of the Member States on common minimum security standards for Member States' national identity cards, Brussels, 11 November 2005, 14351/05, LIMITE, ASIM 51 (EU doc. No: 14351/05). 46 2005/367/EC.
47 COM(2005) 597 final. - 26 -
2
Action under the Action Plan Competent body Deadline State of play
reference to the protection of personal data), as embodied in the European Convention on Human Rights and the EU Charter of Fundamental Rights.
Meetings with third Commission (Ongoing, to The new reciprocity mechanism was adopted by the Council on 2 June 2005
countries of the positive visa list in order to ensure visafree travel for citizens of the Member States to all those third countries in the context of be Meetings were held with all third countries concerned up until mid-December 2005. The report from the Commission to the Council on visa waiver reciprocity with certain third countries was adopted on 10 January 2006 combined with the review of the
formal part of the visa reciprocity mechanism introduced by Council Regulation No 851/2005. The Council adopted conclusions on the report and the possible followup to it on 21 February 2006.
visa
the new reciprocity list) mechanism soon to be adopted
The dialogue is to be continued to solve remaining cases of non-reciprocity. The Commission is to present a new report in July 2006.
Proposals relating to the necessary amendments to further Commission 2005 (Hague Action Plan) The proposal on a Community Code on visas, aiming at "recasting" the Common Consular Instructions, is being prepared. It is expected to be submitted in July 2006, as required in the Hague Programme. enhance visa
policies and the establishment of common 2006
48 Regulation (EC) No 851/2005 of 2 June 2005 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism (OJ L 141, 4.6.2005, p. 3). 49 COM(2006) 3 final. - 27 -
2
Action under the Action Plan Competent body Deadline State of play
application centres for visas (Hague Program me)
Regular review of the visa list Commission Regular Commission proposal for a Council Regulation amending Regulation No 539/2001 to be adopted in the first half of 2006. (Regulation (EC) No 539/2001)
Proposal on visa facilitation procedures for members of the Olympic Family -- Turin 2006 Commission 2005 Achieved The Commission presented a proposal on 7 September 2005
adopted by the co-decision procedure by the European Parliament (vote in plenary on 15 November 2005) and the Council on 14 December 2005
Report on the Commission 2005 Achieved implementation of
Regulation (EC) No The Commission adopted its report on 11 August 2005 1295/2003 "Visa facilitation procedures for members of the Olympic Family -- Athens 2004"
Proposal amending the Commission 2005 Delayed Common Consular
50 COM(2005) 412.
51 OJ L 334, 20.12.2005, p. 1. 52 SEC(2005) 1051. - 28 -
2
Action under the Action Plan Competent body Deadline State of play
Instructions on visa fees
Proposal delayed due to discussion of the French initiative on increasing visa fees, finally agreed upon at 27-28 April 2006 JHA Council and endorsed by 1-2 June JHA Council.
Proposals on transit Commission 2005 Achieved
On 22 August 2005 the Commission presented proposals for a decision of the European Parliament and the Council (1) establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia of certain documents as equivalent to their national visas for the purposes of transit through their territories and (2) establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory
JHA Council of 1-2 June reached agreement in first reading and the texts were finally adopted under the co-decision procedure on 14 June 2006
Recommendation for Commission 2005 - Delayed negotiating directives for visa ongoing
waiver agreements Only the Constitution can provide the necessary legal basis. between the EC and third countries on the conditions to move freely within the
54 Decisions No 895/2006/EC and 896/2006/EC (OJ L 167, 20.6.2006, pp. 1 and 8). - 29 -
2
Action under the Action Plan Competent body Deadline State of play
Union for a period between three and six months
Adoption of a proposal establishing a regime on local border traffic Commission 2005 Achieved On 23 February 2005 the Commission presented a proposal laying down rules on local border traffic at the external land borders of the Member States and amending the Schengen Convention and the Common Consular Instructions
political agreement under the co-decision procedure was reached in first reading on 14 February 2006. Formal adoption is expected in the course of 2006.
Report on the operation of the Commission 2005 Postponed to 2006 Kaliningrad transit
scheme Regulation 693/2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual 56
and Regulation 694/2003 on uniform
57
formats for FTD and FRTD have established specific, optional rules for the transit
of persons between Kaliningrad and mainland Russia: no transit visa is required, only an FTD or FRTD to be issued in accordance with simplified procedures.
Regulation 693/2003 requires the Commission to present a report to the European Parliament and the Council on the functioning of the FTD and FRTD transit
55 COM(2005) 56.
56 Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual, OJ L 99, 17.4.2003, p. 8. 57 Council Regulation (EC) No 694/2003 of 14 April 2003 on uniform formats for Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003, OJ L 99, 17.4.2003, p. 15. - 30 -
2
Action under the Action Plan Competent body Deadline State of play
scheme at the latest three years after the entry into force of the decision of one Member State (Lithuania) to apply this scheme. The Commission will present this report in 2006.
58
Kaliningrad facility Commission/ Lithuania Ongoing (2004-2006 programme)
Schengen facility for seven Member States Commission/7 beneficiary Member States Ongoing (2004-2006 programme)
Specific recommendations Commission 2005 to Negotiations on an agreement between the European Community and the Russian Federation on the facilitation of issue of short-stay visas have been concluded. The draft agreements on visa facilitation and on readmission were symbolically initialled on 13 October 2005. They were formally initialled at the beginning of 2006. Signature occurred on 25 May 2006. The European Parliament will be consulted. for negotiating directives on visa facilitation on a case by case 2009 basis with third
countries in the context of the EC readmission policy, where possible and on the basis of reciprocity, with a view to developing a real partnership on migration management issues
On 26 August 2005 the Commission adopted a recommendation to the Council to authorise the Commission to open negotiations for the conclusion of an agreement between the European Community and Ukraine on the facilitation of issue of shortstay visas.
The negotiating directives were adopted by the Council on 7 November 2005. The negotiations on a visa facilitation agreement with Ukraine were launched on 21-
58 The Kaliningrad Facility will be replaced by specific provisions within the proposed External Border Fund for the period 2007 to 2013 as part of the Framework Programme "Solidarity and Management of Migration Flows". - 31 -
2
Action under the Action Plan Competent body Deadline State of play
22 November 2005 in parallel with the ongoing negotiations for an EC-Ukraine readmission agreement. Subsequent rounds of negotiation took place on 24-25 January and 27 February. Signature and conclusion may occur in 2006.
-
-Framework Programme "Security and Safeguarding Liberties" under the new Financial Perspectives (2005)
Proposal for a decision establishing Commission 2005 Achieved a specific
Programme on "Prevention of and fight against crime" The proposal was adopted by the Commission on 6 April 2005 The 1-2 June 2006 JHA Council reached a general approach on the text.
The opinion of the European Parliament is expected after 2006 Summer time.
Proposal for a decision establishing Commission 2005 Achieved a specific
programme on "Prevention, preparedness The proposal was adopted by the Commission on 6 April 2005 and
The 1-2 June 2006 JHA Council reached a general approach on the text.
consequence management of terrorism"
The opinion of the European Parliament is expected after 2006 Summer time.
59 COM(2005) 124 final. 60 COM(2005) 124 final. - 32 -
2
Action under the Action Plan Competent body Deadline State of play
Adoption of a legislative instrument on the retention of Council/ Parliament 2005 Achieved data processed in On the basis of the Commission proposal of 21 September 2005
connection with the compromise was reached at the 2 December JHA Council and duly endorsed by the European Parliament on 14 December 2005. The Directive was formally adopted by the JHA Council of 21 February 2006 provision of public 62
electronic communication , after receipt of the European Economic 63
services for the detection, investigation and Social Committee's opinion . and
prosecution of criminal offences
-
-Availability principle and protection of personal data
61 COM(2005) 438.
62 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 services or of public communications networks and amending Directive 2002/58/EC (OJ L 105, 13.4.2006). 63 Opinion EESC 35/2006 of 19 January 2006. - 33 -
2
Action under the Action Plan Competent body Deadline State of play
Proposal on the Commission 2005 Achieved establishment of a principle of
availability of law The Commission's proposal for a Framework Decision on the exchange of information under the principle of availability was adopted on 12 October 2005 enforcement relevant
information and was discussed in the JHA Council on 2 December 2005..
Proposal on adequate Commission 2005 Achieved safeguards and effective
legal remedies for the The Commission's proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters was adopted on 4 October 2005 transfer of personal data for the purpose of police and judicial
cooperation in Council. criminal matters
The European Parliament is to be consulted and the EDPS gave an opinion on 19 December 2005
66
.
Adoption of a proposal for a Framework Council 2005 Achieved Decision on
simplifying the exchange of information and intelligence between law enforcement authorities of the Member The JHA Council reached political agreement in December 2005 based on the Swedish legislative initiative of 4 June 2004. This should be put forward for adoption in the course of 2006.
64 COM(2005) 490.
65 COM(2005) 475 final and SEC(2005) 1241.
66 Opinion of 19 December 2005 on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters, http://www.edps.eu.int/legislation/Opinions_A/06-01-20_ . - 34 -
2
Action under the Action Plan Competent body Deadline State of play
States of the EU
The European Parliament gave its opinion on 7 June 2005
Implementation of the Commission 2005 Postponed to 2006 principle of availability,
concerning the following area: - DNA The proposal for a Council Decision on the exchange of DNA data has been postponed to 2006 following the presentation on 12 October 2005 and subsequent debate on the Framework Decision on the exchange of information under the principle of availability.
Definition of a policy for a coherent approach on the development of information technology to support the collection, Commission 2005 Achieved The Communication from the Commission to the Council on interoperability of European databases was adopted on 24 November 2005
storage,
processing, analysis and exchange of information
-
-Exchange of data on PNR
Proposal concerning a Commission 2005 Delayed common EU approach to the use of passenger data for border and aviation security and other law enforcement
The Commission's proposal is being prepared, and will need to be updated in view of the judgment of the Court of Justice of 30 May 2006 in cases C-317/04 and C318/04
67 Position of the Commission: C/2004/4641 of 1 December 2004. 68 COM(2005) 597. - 35 -
2
Action under the Action Plan Competent body Deadline State of play
purposes
Joint review on the Air Passengers Commission 2005 Achieved Data (PNR)
Agreement with the USA A two-day joint review took place on 20 and 21 September 2005 in Washington. The report was finalised on 12 December 2005.
Completion of negotiations of PNR agreements with Canada 2005 Achieved and Australia (partly) (2005), and with other countries if necessary
Following the Commission's proposal dated 19 May 2005
Canada were completed with the adoption of the Council International Agreement on 18 July 2005 and Commission Adequacy Decision on 6 September 2005. The agreement entered into force on 22 March 2006. The consequences of the 30 May 2006 ruling of the Court of Justice in the US PNR case will be taken into full account.
Formal negotiations with Australia started on 14 December 2005 after exploratory talks
70
. The consequences of the 30 May 2006 ruling of the Court of Justice in the
US PNR case will be taken into full account.
The Commission adopted on 16 June 2006 two initiatives to put a legally sound framework in place for the transfer of PNR data to the United States
70 C(2005) 2800 and C(2005) 3248. - 36 -
2
Action under the Action Plan Competent body Deadline State of play
initiatives are the first European answers to correct the legal basis for the Agreement with the US that was struck down by the European Court of Justice on 30 May 2006. The Court ruled that the Article 95 EC-Treaty was not an appropriate legal basis for the transfer of PNR data which are essentially aiming to ensure public security and activities by public authorities in areas of criminal law.
Negotiations with other countries have not yet started.
Definition of international guidelines ensuring a high degree of protection of privacy for access to PNR data in the framework of the International Civil Aviation Organisation (ICAO) The ICAO adopted international guidelines on PNR data on 9 June 2005, taking into account the proposals from the Commission force on 11 July 2005. A circular based on the decision of the ICAO management board will be published in 2006.
-
-Further development of an overall approach to combat terrorism
Further implementation of Commission/ The Commission adopted:
71 Communication from the Commission to the Council: Termination of the Agreement between the European Community and the United States of America on the processing and transfer of PNR data by Air Carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection (COM(2006) 335 final)) and an EU restricted document. 72 Staff working paper of 26 January 2004, doc. 5849/04 AVIATION 23 JAI 20 RELEX 42 USA 10 TELECOM 23. - 37 -
2
Action under the Action Plan Competent body Deadline State of play
the EU Action Plan on Combating Terrorism Council/ Parliament
-
-the Decision on financing a Pilot Project on the "Fight Against Terrorism" on 15 September 2005
73
;
-
-the decision on the use of VIS by authorities responsible for internal security on 23 November 2005
74
;
-
-the revised Action Plan on Terrorism on 30 November 2005
Reinforcement of Commission/ Council 2005 Achieved cooperation between the competent
authorities to 1) Decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist offences, adopted by the Council on 20 September 2005 combat terrorism through the
development of based on the Commission proposal of 29 March 2004
specialised contact points in Member States, which will have access to all necessary information and intelligence with respect to terrorist activities involving persons, groups or entities European Parliament of 7 June 2005, provides for the establishment of contact points regarding terrorist criminal offences. 2) With a view to cooperation in the field of intelligence, on 22 December 2005 the Commission presented a proposal for a Council Decision on the transmission of information emerging from the activities of security and intelligence services with respect to terrorist offences
78
, which was transmitted to the Council and the
European Parliament.
73 C(2005) 3179.
74 COM(2005) 600 final. 75 SEC(2005) 1585.
76 OJ L 253, 29.9.2005. 77 COM(2004) 221 final. 78 COM(2005) 695 final. - 38 -
2
Action under the Action Plan Competent body Deadline State of play
Examination of the Commission/ Council 2005 Achieved necessity and feasibility of the setting-up of a European law enforcement network (LEN) for the fight against terrorism (2005)
Member States have been asked to provide comments concerning a general approach to the creation of the Law Enforcement Network. Comments have been received and will serve as a basis for further discussions.
Communication on greater security Commission 2005 Achieved of explosives,
bomb-making equipment The Commission's Communication was adopted on 18 July 2005
important follow-up will be a conference organised by the Commission bringing together all major stakeholders to brainstorm on a long-term plan for making explosives more secure (scheduled for the first half of 2006).
Communication of the Commission 2005 Achieved Commission on violent
radicalisation and strategy of The Commission's Communication, dated 20 October 2004
the Council on the Council strategy on terrorist recruitment addressing the factors contributing to violent radicalisation proposed on 21 September 2005, which was endorsed by the 1-2 December 2005 JHA Council and adopted by the General Affairs Council of 12 December 2005. radicalisation and recruitment
Build capacity in third countries to fight terrorism Commission The Commission is sustaining institutional/capacity-building measures in third countries in the fields of justice, freedom and security which, at the same time,
79 COM(2005) 329 final. 80 COM(2004) 698. - 39 -
2
Action under the Action Plan Competent body Deadline State of play
and appropriate clauses on counter-terrorism contribute to fighting against terrorism (e.g. justice, police, money-laundering, etc.). in the agreements to be concluded by
EU/EC with third A standard counter-terrorism clause is systematically part of all agreements under negotiation or to be concluded and of the European Neighbourhood Policy Action Plans countries
81
.
Develop public/private Commission A sector-specific public/private partnership was launched by a conference held on 28 and 29 November 2005 on detection and associated technologies. Cooperation in the form of public/private partnership is also continuing as part of the work on protection of critical infrastructure and intensive cooperation is expected in the second half of 2006.The conference on security of explosives scheduled for the first half of 2006 will also be a sector-specific initiative as part of a general policy being developed in the field of Public/Private Security Dialogue (PPSD). partnerships to improve the prevention and the fight against terrorism
A Commission Communication on general public/private cooperation in the fight against organised crime and terrorism is scheduled for the second half of 2006.
-
-Review and adaptation of EU legislation in parallel with measures to be adopted in order to combat terrorism
Second report based on Article 11 of the Council Framework Commission 2005 Delayed Decision of Adoption had to be postponed, due to lack of information and of notification of
81 The revised Cotonou Partnership Agreement and the Joint Council-Commission Declaration on financial and technical assistance in the area of cooperation in the fight against terrorism stipulate that targeted assistance to strengthen ACP countries' ability to counter terrorism must be financed by resources other than those intended for the financing of ACP-EC development cooperation. See also Article 11a, known as the "counter-terrorism clause" inserted in the Revised Cotonou Partnership Agreement. - 40 -
2
Action under the Action Plan Competent body Deadline State of play
13.6.2002 on combating legislative texts by Member States. terrorism
Communication on Commission 2005 Achieved developing a strategy on tackling organised crime
The Commission adopted its Communication "Developing a strategic concept on tackling organised crime" on 2 June 2005
82
. The Communication identifies five
areas of priority action in the field of organised crime: knowledge, prevention, cooperation and information exchange among law enforcement agencies, development of legislation and cooperation with third countries and international organisations. Progress on these legislative or non-legislative initiatives should be described in the mid-term implementation report to be presented by the Commission in 2007.
-
-Improve the knowledge of organised and serious crime and strengthen the gathering and analysis of information
Communication on an Commission 2005 Postponed to 2006 action plan -- EU crime statistics
The Communication will probably be adopted in the second quarter of 2006.
Commission working paper on criminal intelligence-led Commission 2005 Delayed
82 COM(2005) 232 final and SEC(2005) 724. - 41 -
2
Action under the Action Plan Competent body Deadline State of play
law enforcement
The working paper has been delayed.
-
-Strengthen prevention of organised crime
Crime-proofing of Commission 2005 Delayed legislation and the design of crime preventive measures into products and services
The initiative has been delayed.
Report on the results of a study further to the Council resolution of 2001 on the contribution of civil society in Commission 2005 Postponed to 2006 The draft report is being prepared. Adoption postponed to 2006.
finding missing or sexually exploited children
-
-Strengthen tools to address financial aspects of organised crime
Initiatives to promote use of financial investigation as a law enforcement technique and to establish common minimum training standards Commission 20052007 Commission departments are working to establish minimum training standards for financial investigation. A recommendation may be considered for 2007.
Common set of training standards Commission 2005 Delayed in financial
investigation skills See above this is part of the Commission initiative mentioned. - 42 -
2
Action under the Action Plan Competent body Deadline State of play
Promotion of the Commission/ Council Continuo us The Commission is continuously promoting the establishment of such units. A Council decision is planned on this issue. establishment of criminal asset intelligence units in EU Member States
-
-Improve legislation and review existing legal instruments where needed
Legislative package on the fight against counterfeiting Commission/ Council/ Parliament 2005 Achieved A proposal for a Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights and a proposal for a Framework Decision to strengthen the criminal law framework to combat intellectual property offences was presented by the Commission on 12 July 2005
83
an amended proposal for a Directive on 26 April 2006, taking account of the judgment of the Court of 13 September 2005 (Case C-176/03)
currently being discussed in the Council.
Communication on Commission 2005 Achieved trafficking in human beings
The Commission's Communication was adopted on 18 October 2005
the "EU plan on best practices, standards and procedures for combating and
83 COM(2005) 276 final. 84 COM(2006) 168.
86 OJ C 311, 9.12.2005, p. 1. - 43 -
2
Action under the Action Plan Competent body Deadline State of play
preventing trafficking in human beings", adopted by the JHA Council of 1 December 2005
86
. In accordance with the main objectives of this Communication,
in December 2005 the Council adopted an action plan that will be the platform for further action at EU level.
Comparative study to Commission 2005 Achieved evaluate the need for 87
instruments to combat The study was finalised on 10 October 2005 . activities of organised crime related to fiscal fraud within EU Member States and acceding
and candidate countries
-
-Improve monitoring and evaluation
Second report based on Article 6 of the Council Framework Commission 2005 Achieved 88
Decision of The report was adopted on 21 February 2006 . 26 June 2001 on money laundering,
the
identification, tracing,
freezing, seizing and confiscation of instrumentalities and the
87 Tender No JAI/D2004/04. - 44 -
2
Action under the Action Plan Competent body Deadline State of play
proceeds of crime
Second report based on Article 14 of the Council Framework Commission/ Council 2005 Achieved 89
Decision of The report was adopted on 20 February 2006 . 28 May 2001 combating fraud and counterfeiting of non-cash means of payment
Implementation report Commission/ Council 2005 Postponed to 2006 framework Decision
90 The implementation period ended on 22 July 2005. The Commission's report to the Council was postponed to 2006 pending contributions from all Member States. It is now scheduled for the first half of 2006. "Private sector corruption"
Report on the Commission/ Council 2005 No longer relevant implementation of the
framework Decision of 27 January 2003 on protection of the environment through criminal law Action became irrelevant following the annulment of the Framework Decision by the European Court of Justice on 13 September 2005 (case C-176/03). The Commission intends to use the information communicated by the Member States so far as a basis for further improvement of its proposal for a Directive replacing the Framework Decision. 91
88 COM(2006) 72 and SEC(2006) 219. 89 COM(2006) 65 and SEC(2006) 188.
90 Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003).
91 Council Framework Decision 2003/20/JHA of 27 January 2003 on the protection of the environment through criminal law (OJ L29, 5.2.2003, p.55). - 45 -
2
Action under the Action Plan Competent body Deadline State of play
Implementation and Council 20042006 The JHA Council took note of the mid-term review on 1 December 2005. A final report will be presented to the Council at the end of 2006. evaluation of the work programme
concerning
customs cooperation
approved by the JHA Council on 30 March 2004 following
the Council
Resolution of 2 October 2003 on a strategy for customs cooperation
-
-Improvement of law enforcement cooperation and development of the Schengen acquis in respect of cross-border operational law enforcement cooperation
Follow-up to the Commission 2005 Achieved Communication and
proposal on improvement of law-enforcement cooperation in particular at the internal borders between Member States On 18 July 2005 the Commission adopted a proposal for a Council Decision on the improvement of police cooperation between the Member States of the European Union, especially at the internal borders, and amending the Convention implementing the Schengen Agreement 92
. Monthly meetings of the police
cooperation working group are being held.
92 COM(2005) 317 final. - 46 -
2
Action under the Action Plan Competent body Deadline State of play
.
Communication and Commission 2005 Delayed proposal for a Directive on improved transport safety and
May be taken up after the Commission has adopted a draft Directive on crossborder enforcement in the field of road safety, which is scheduled for 2006.
increased security
through the creation of an area of police and judicial cooperation on the transEuropean
transport
networks
Updating of the Sirene manual Commission 2005 Postponed to 2006
2nd meeting of the SIRENE Manual Committee was held in Brussels on 7 December 2005. The final text of the Manual was agreed on and endorsed at a third meeting of the SIRENE Manual Committee and is currently submitted to the Commission for adoption.
-
-47 -
2
Action under the Action Plan Competent body Deadline State of play
Systematic exchange programmes for law enforcement officers' authorities
Adoption of a proposal aimed at amending the decision 2005 Achieved establishing Following the Commission's proposal of 1 October 2004 94
CEPOL (European Police College) as a body of the Union decision on 20 September 2005 . Moreover, exchanges of policemen is one of the priorities of the AGIS programme for 2006.
-
-Improvement of operational cooperation
Development of a common methodology and setting up of Council Continuo us Two Joint Customs Operations (JCOs) were carried out during the second half of 2005 under the management of the Council's Customs Cooperation Working Group (CCWG): Operation "Roots II" - combating drug trafficking via the Balkan route - and Operation "Protect" - contributing to the fight against terrorism. The CCWG updated its JCO recommendations, monitoring the file in the light of 2004 and 2005 operations. This document provides guidance for organising JCOs. In addition, the CCWG Guide for Joint Customs Operations improves the preparatory and selection processes for JCO, ensures implementation and improves the subsequent evaluation of the operations and ensures more effective feed-back of experience gained into the selection and planning processes for future operations. short-duration joint
customs and police
operations and/or multi disciplinary joint teams
In order to implement the Hague Programme and to promote the use of joint investigation teams, Member States designated national experts as contact points.
93 COM(2004) 623.
94 2005/681/JHA, OJ L 256, 1.10.2005, p. 63. - 48 -
2
Action under the Action Plan Competent body Deadline State of play
The tasks of the national experts should be to facilitate the setting-up of a JIT by disseminating information about the legal framework and possibilities of setting up a JIT and to act as national contact points in this field for the competent authorities within the Member States.
Definition of the role of the security committee (COSI) No later than Discussions began at the Vienna informal JHA Council meeting in January 2006 and are currently in progress. 1
Novembe r 2006
Review and, where Council Continuo us In 2005 the Customs Cooperation Working Group approved a detailed plan for the improvement, promotion and more widespread use of the Customs Information System (CIS). A project group was set up to explore the possibility of future development of CIS. The Commission plans a further update to the CIS system to provide a more user-friendly interface in the second half of 2006, using web-based technology. appropriate, further development of the customs IT systems
Implement the conclusions of the Council of 19 November 2004 related to the fight against organised crime Council The conclusions express commitment to ongoing efforts to improve the fight against organised crime, mostly without deadlines. They also request Council bodies and the PCTF to report by the end of 2005 on implementation of the conclusions, following a report from the Multi-Disciplinary Group on Organised Crime dated June 2005. The PCTF has not yet reported back.
in the Western Balkans
The work on implementation of the conclusions has been and remains continuous. The Multi-Disciplinary Group has discussed implementation on numerous
-
-49 -
2
Action under the Action Plan Competent body Deadline State of play
occasions, especially through an oral report in the Group on 27 April 2005.
Commission decision Commission 2005 Achieved creating a secure general rapid alert system (ARGUS) and a Commission Crisis Centre
The Communication "Commission provisions on "ARGUS" general rapid alert system" was adopted on 23 December 2005
95
.
to coordinate existing alert systems
Proposal creating a critical infrastructure Commission 2005 Postponed to 2006 warning
information network Following intensive consultation with all Member States and the private sector, a Green Paper on the European Programme for Critical Infrastructure Protection, which also addresses the issue of creation of the CIWIN, was adopted on 17 November 2005. The consultation period ended on 15 January 2006. (CIWIN)
The call for tenders was published in March 2006 on the basis of the consultation process results. The evaluation committee meets in June. Adoption of the proposal wil follow in due time.
Plan on the protection of Commission 2005 Achieved
95 COM(2005) 662. - 50 -
2
Action under the Action Plan Competent body Deadline State of play
critical infrastructures
(partly)
The Green Paper on a European Programme for Critical Infrastructure Protection (EPCIP) was adopted on 17 November 2005
96
. The consultation period ended on
15 January 2006. The EPCIP policy package is due to be adopted by the Commission in September 2006.
Strengthening and Commission 2005 Postponed to 2006 professionalising of the
prevention of crime, The European Crime Prevention Network adopted an internal reorganisation of the network; an initiative will be launched in 2006. including through the European Crime Prevention Network
Establishment of European instruments for collecting, analysing and comparing information on crime and victimisation These instruments will be part of the Commission initiative on EU crime statistics mentioned under point 3.3 above. and their respective trends in Member States,
using national
96 COM(2005) 576 final.. - 51 -
2
Action under the Action Plan Competent body Deadline State of play
statistics and other sources of information as agreed indicators
-
-See also Framework Programme "Fundamental Rights and Justice" under the new Financial Perspectives (2005)
Proposal for a decision establishing Commission 2005 Achieved a specific 97
programme on judicial The proposal was adopted on 6 April 2005 and is currently being discussed in the cooperation in civil and commercial matters European Council and the European Parliament.
Proposal for a decision establishing Commission 2005 Achieved a specific
programme on judicial The Commission proposal was adopted on 6 April 2005 cooperation in criminal The 1-2 June JHA Council reach a general approach on the text.
matters
The opinion of the European Parliament is expected after 2006 Summer time.
97 COM(2005) 122 final. 98 COM(2005) 122 final. - 52 -
2
Action under the Action Plan Competent body Deadline State of play
Communication from the Commission Commission 2005 Postponed to 2006 on judicial
training in EU (2005), development on the basis of the pilot project for the exchange An experts meeting was held on 5 October 2005 with Member States and relevant stakeholders, including the EJTN, the Network of Council of the Judiciary and the European Network of Supreme Courts to discuss preparation of the Communication. The Communication is due to be adopted in the first half of 2006 and will focus on problems, best practices and possible solutions in this area with a view to developing a coherent strategy for training in the future. The preparatory action on the exchange programme will be continued in 2006. of magistrates
(2005) and of the preparatory action (2006)
-
-Pursuing the implementation of the mutual recognition principle
Communication on mutual recognition of decisions in criminal Commission 2005 Achieved matters and The Communication on the mutual recognition of judicial decisions in criminal matters and the strengthening of mutual trust between Member States was adopted on 19 May 2005 reinforcement of mutual 99
trust between Member and transmitted to the European Council and the European States Parliament.
99 COM(2005) 195 final and SEC(2005) 641. - 53 -
2
Action under the Action Plan Competent body Deadline State of play
White Paper on exchanges of Commission 2005 Achieved information on
convictions and the effect of such convictions in the EU The Commission adopted the White Paper on exchanges of information on convictions and the effect of such convictions in the European Union on 25 January 2005 100
. The White Paper was discussed at the JHA Council meeting on 14 April
2005 which defined the way forward in this area.
Proposal on taking into account of convictions in the Member Commission Achieved
States of the The Commission presented a proposal for a Council Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings on 17 March 2005 European Union in the course of new criminal proceedings
101
started under the Austrian Presidency..
Proposal on the Commission 2005 Achieved transmission to, and keeping by, the Member State of nationality of information on criminal convictions
The Commission presented the proposal for a Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records between Member States on 22 December 2005
progress within the Council.
Communication on the Commission 2005 Postponed to 2006 creation of an index of non-
The Commission plans to adopt a Working Paper on the feasibility of an index of
100 COM(2005) 10 final and SEC(2005) 63. 101 COM(2005) 91 final.
102 COM(2005) 690 final. - 54 -
2
Action under the Action Plan Competent body Deadline State of play
EU nationals convicted in an EU Member State third-country nationals convicted in the European Union in the first half of 2006. The Commission aims to adopt a legislative proposal later on.
Initiative on the European Enforcement Order and the transfer Member States 2005 Achieved
of sentenced The joint initiative from Austria, Finland and Sweden for a Council Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU was formally submitted on 19 January 2005 persons between Member States of the EU
103
. Discussions are in progress within the Council.
Proposal on mutual Commission 2005 Postponed to 2006 recognition of non-custodial pre-trial
supervision The Commission plans to present a proposal before the summer of 2006. measures
Communication on Commission 2005 Achieved disqualification
The Commission adopted a Communication on "Disqualifications arising from criminal convictions in the European Union" on 21 February 2006
Reports on the Commission/ Council 2005- 2006 Achieved implementation of the
Framework Decision on the European arrest warrant and The first report on implementation by 24 Member States was adopted on 23
103 OJ C 150, 21.6.2005, p.1. 104 COM(2006) 73. - 55 -
2
Action under the Action Plan Competent body Deadline State of play
the surrender procedures between Member States February 2005. A revised version to include Italy (latest implementation) was adopted on 26 January 2006
105
.
Initiative on the recognition and enforcement in the European Member States 2005 Achieved 106
Union of Belgium presented an initiative in October 2004 prohibitions arising from convictions
Discussions are currently in progress within COPEN Council Working Group and European Parliament.
for sexual offences committed against children
-
-Approximation
Green Paper on Conflicts of Jurisdiction Commission 2005 Achieved and Double
Jeopardy (ne bis in idem) The Green Paper was adopted on 23 December 2005
the Green Paper, a proposal for a Framework Decision on conflicts of jurisdiction and the principle of ne bis in idem in criminal proceedings could be presented in the second half of 2006.
105 COM(2006) 8 final.
106 Council document, 14207/04 of 5 November 2004, COPEN 133. 107 COM(2005) 696. - 56 -
2
Action under the Action Plan Competent body Deadline State of play
Green Paper on presumption of innocence Commission 2005 Postponed to 2006 The Commission presented the Green Paper on presumption of innocence on 26 April 2006
108
. The Commission launched at the same time a public consultation on
the presumption of innocence. Interested parties were invited to submit their comments by 9 June 2006.
Second report on the Commission 2005 Postponed to 2006 implementation of the
framework decision of Postponed, notably due to the lack of notification of national implementing measures by Member States. 15 March 2001 on the
standing of victims in criminal proceedings
-
-Other instruments in the field of judicial cooperation in criminal matters
Initiative to facilitate the prosecution of road traffic offences Commission/ Member States 2005 Delayed
The Commission is considering the case for presenting a proposal on driving disqualifications. An initiative from a Member State to facilitate the prosecution of road traffic offences may also be tabled in the course of 2006.
Further development of the European Judicial Network in criminal matters Commission Continuou s The Commission plans to issue a Communication on the Eurojust and the European Judicial Network (EJN) in 2006. The EJN and the Commission have collaborated on a questionnaire on in absentia judgments to be distributed to the EJN contact
108 COM(2006) 174 final. - 57 -
2
Action under the Action Plan Competent body Deadline State of play
points in February 2006. The results will assist the Commission in drafting a Green Paper on in absentia judgments, scheduled for December 2006.
-
-Eurojust
Second report on the legal transposition of the Council Decision of 28 February 2002 setting up Eurojust Commission 2005 Postponed to 2006 The Commission intends to present the report in mid-2006 and to issue a Communication on the Eurojust and the European Judicial Network (EJN) later in 2006.
-
-International Legal Order
Active involvement of the activities of the Council of Europe Council/ Commission 2005- 2009 Officials regularly attend the relevant working groups (G8; UN; OECD; OCSE; FATF). and other
international organisations
and forums (G8, UN, OECD, OSCE, FATF) in criminal matters
Examination of the case for agreements between the EU and Council/ Commission 2005- 2009 Discussions are under way with various countries.
third countries on The Council reached an agreement on the surrender procedure between the Member States of the EU and Iceland and Norway on 27-28 April 2006. extradition
Examination of the case for agreements between the EU Council/ Commission 2005- 2009 Discussions are under way with various countries. - 58 -
2
Action under the Action Plan Competent body Deadline State of play
and third countries on mutual legal assistance
-
-Mutual recognition of decisions and elimination of obstacles to the proper functioning of proceedings
Green Paper on succession Commission 2005 Achieved The Commission adopted the Green Paper Succession and wills on 1 March 2005
109
. Public consultation was concluded on 30 September 2005 (more than 60
answers were received). An experts group hearing was set up in February 2006 and is scheduled twice again before 2006. A Public hearing is scheduled on 30 November 2006.
Green Paper on conflicts of laws and jurisdiction on divorce matters (Rome III) Commission 2005 Achieved The Commission adopted the Green Paper on 14 March 2005
than 60 answers. An experts group hearing was held on 6 December 2005 and an impact assessment was launched with a view to a proposal for a Regulation by July 2006.
109 COM(2005) 65 final. 110 COM(2005) 82 final. - 59 -
2
Action under the Action Plan Competent body Deadline State of play
Proposal on conflicts of laws regarding contractual obligations (Rome I) Commission 2005 Achieved The Commission presented a proposal on 15 December 2005
Discussions are in progress at Council level.
Proposal on small claims Commission 2005 Achieved The Commission presented a proposal for a Regulation establishing a European small claims procedure on 15 March 2005
112
and the 1-2 June 2006 JHA Council
reached a general approach on the text.
Proposals on maintenance obligations Commission 2005 Achieved The Commission presented a proposal on 15 December 2005
progress at Council and Parliament level.
Proposal for amending Commission 2005 Achieved Regulation (EC) No
1348/2000 on the service in the The Commission presented a proposal on 11 July 2005 Member States of The 1-2 June 2006 JHA Council reached a general approach on the text.
judicial and extrajudicial documents
in civil or
111 COM(2005) 650 final. 112 COM(2005) 85 final.
113 COM(2005) 649 final. - 60 -
2
Action under the Action Plan Competent body Deadline State of play
commercial matters
The European Parliament has not yet given an opinion.
-
-Enhancing cooperation
Report on the functioning of the Commission 2005 Achieved European Judicial
Network in civil and The report from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the application of Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters was adopted on 16 May 2006 commercial matters
115
Continued development of the Continuo us The annual general meeting was held on 12-13 December 2005. At least 4 meetings with the contact points are scheduled in 2006. The Internet site is updated continuously. A database on the Brussels I and Brussels II Regulations will be on line in 2006. European Judicial
Network in civil matters and of the databases on case-law relating
to European instruments
Constant updating and Continuo us New contract for maintenance of the Atlas signed in 2006. improvement of the
114 COM(2005) 305 final.
115 COM(2006) 203 final and SEC(2006) 579. - 61 -
2
Action under the Action Plan Competent body Deadline State of play
European Judicial Atlas
EU support for networks of judicial organisations and institutions Continuo us Contacts and collaboration are being maintained with different networks (European Network for the training of judges 116
, Network of Presidents of the Supreme
Courts).
Annual European day of civil justice Continuo us Participation in different events all over Europe. Organisation of the "Crystal Scales of Justice" prize. - International legal order
Proposal for the conclusion of parallel agreements with Denmark on Brussels I and service of documents Commission 2005 Achieved The Commission presented a proposal for a decision regarding Brussels I on 15 April 2005
117
and a proposal for a decision regarding service of documents on 18
118
April 2005 . The Council reached to an agreement and the text was subsequently endorsed by the 27-28 April 2006 JHA Council.
Conclusion of negotiations on the Convention on the choice of forum Commission, on behalf of the European Community 2005 Achieved Negotiations were concluded in June 2005.
An impact assessment for the possible ratification of the Convention by the Community is being prepared.
116 OJ L 256, 1.10.2005, p. 63. 117 COM(2005) 145. 118 COM(2005) 146. - 62 -
2
Action under the Action Plan Competent body Deadline State of play
Ratification of the 1996 Hague On 17 June 2003 the Commission proposed to authorise the Member States to ratify the Convention. Although general agreement was reached on the text, the proposal is blocked in the Council due to the question of geographical application to Gibraltar. Convention on
Jurisdiction, Applicable Law, Recognition, Enforcement and
Cooperation in respect of Parental Responsibility and Measures for the Protection of Children
Continuation of negotiations and - Inter alia, negotiations are continuing on a new "Lugano Convention (16/09/1988)". The opinion of the European Court of Justice on the extent of the Community's external competences for the new "Lugano Convention" conclusion of
international agreements
relating to judicial for the conclusion of a new Lugano Convention the Community has an exclusive competence to terminate negotiations and to prepare and present the appropriate instrument for the conclusion of the new Convention. cooperation in civil matters
-
-In addition, participation in the negotiations in progress in the Hague on a draft Convention on the recovery of child support and other forms of family maintenance. The possibility of a bilateral agreement on judicial cooperation with Russia, if Russia accepts the Commission's invitation to informal discussions on this matter, is being explored.
119 Opinion 1/03 of 7 February 2006. - 63 -
- 28 jun '06COM(2006)333 - Verslag over de uitvoering van het Haags programma - 2005
- 16 jun '06COM(2006)335 - Opzegging van de overeenkomst met de VS inzake de verwerking en overdracht van PNR-gegevens door luchtvaartmaatschappijen aan het Bureau of Customs and Border Protection van het ministerie van Binnenlandse Veiligheid van de VS
- 31 mei '06COM(2006)269 - Wijziging van de gemeenschappelijke visuminstructies aan de diplomatieke en consulaire beroepsposten in verband met de invoering van biometrische identificatiemiddelen, met inbegrip van bepalingen over de organisatie van de inontvangstneming en de behandeling van visumaanvragen
- 16 mei '06COM(2006)203 - Toepassing van Beschikking 2001/470/EG betreffende de oprichting van een Europees justitieel netwerk in burgerlijke en handelszaken
- 26 apr '06COM(2006)174 - Groenboek over het vermoeden van onschuld
- 5 apr '06COM(2006)156 - Toepassing van de Richtlijnen 93/96, 90/364, 90/365 betreffende het verblijfsrecht van studenten, en economisch niet-actieve en gepensioneerde burgers van de Unie
- 21 feb '06COM(2006)72 - Tweede Verslag van de Commissie op grond van artikel 6 van het Kaderbesluit van de Raad van 26 juni 2001 inzake het witwassen van geld, de identificatie, opsporing, bevriezing, inbeslagneming en confiscatie van hulpmiddelen en van opbrengsten van misdrijven
- 21 feb '06COM(2006)73 - Ontzettingen die voortvloeien uit strafrechtelijke veroordelingen in de EU
- 20 feb '06COM(2006)65 - Tweede verslag op basis van artikel 14 van het kaderbesluit van de Raad van 28 mei 2001 betreffende de bestrijding van fraude en vervalsing in verband met andere betaalmiddelen dan contanten
- 17 feb '06COM(2006)67 - Versterkte praktische samenwerking - Nieuwe structuren, een nieuwe aanpak : verbetering van de kwaliteit van de besluitvorming in het kader van het gemeenschappelijk europees asielstelsel
