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Delegations will find attached Commission document SEC(2009) 767 final
________________________
Encl. : SEC(2009) 767 final
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 10.6.2009 SEC(2009) 767 final
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL
COMMITTEE AND THE COMMITTEE OF THE REGIONS
JUSTICE, FREEDOM AND SECURITY IN EUROPE SINCE 2005:
AN EVALUATION OF THE HAGUE PROGRAMME AND ACTION PLAN
General overview of instruments and deadlines provided in the Hague Programme and
Action Plan in the fields of justice, freedom and security
Institutional Scoreboard
{SEC(2009) 765 final} {SEC(2009) 766 final}
EN
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Action under the Action Competent
1 Deadline State of play Plan 2 body
GENERAL ORIENTATIONS 4
EVALUATION
Achieved
Communication on and proposal for the creation of Commission 2006
an evaluation The Communication from the Commission to the Council and the European Parliament "Evaluation of EU policies on Freedom, Security and Justice", proposing an evaluation mechanism at EU level for policies in this area, was adopted on 28 June 2006 mechanism, as envisaged by Article III-260 of the Constitutional Treaty
proposal for the establishment of the evaluation mechanism has never been adopted.
RESPECT FOR AND ACTIVE PROMOTION OF FUNDAMENTAL RIGHTS
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 All legislative proposals are in italics.
3 "Achieved", "delayed", "postponed" or "ongoing" refer to the actions foreseen under the Action Plan. The level of achievement of any action must be read in conjunction with the request made by the Action Plan and the correspondent Institution responsible for delivering it. 4 This table uses the same classification/titles as provided for under the Hague Action Plan. 5 COM(2006) 332 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal for a Decision establishing Commission 2005 a specific
programme on citizenship and fundamental rights 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 2007/252/JHA 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 19 April 2007
7 OJ L 110, 27.4.2007, p. 33. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal for a Decision establishing Commission 2005 a specific
programme on the fight against violence (Daphne) and drugs prevention and information The proposal for a Decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme "Fight against violence (Daphne) and drugs prevention and information" as part of the General programme "Fundamental Rights and Justice" was adopted on 6 April 2005 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
answered requests in that sense by the European Parliament, civil society organisations and most of the Member States. The Decision No 779/2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme "Fundamental Rights and Justice" was adopted on of 20 June 2007.
The Decision No 1150/2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the Specific Programme "Drug prevention and information" as part of the General Programme "Fundamental Rights and Justice" was adopted on 25 September 2007.
8 COM(2005) 122 final. 9 COM(2006) 230 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body
Accession of the European Union to the European Convention Commission · Postponed for the There is no legal basis under the current Treaties related to this action. protection of human rights and fundamental freedoms
Achieved
Proposal extending the mandate of the European Monitoring Commission 2005
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
10
. The Council Regulation (EC) No 168/2007 establishing a European Union
Agency for Fundamental Rights was adopted on 15 February 2007
Achieved
Daphne II work Commission 2005 programme: 2006
The work programme was approved at the end of December 2005. A call for proposals was issued, with a deadline of 10 February 2006
12
11 OJ L 53, 22.2.2007, p. 1.
12 http://ec.europa.eu/justice_home/funding/2004_2007/daphne/doc/annual_programme_2006_en.pdf. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Study on prevention Commission 2006 measures to combat
violence against women Several projects have been financed through the programme Daphne II in 2005 on issues related to the prevention of violence against women. Achieved 13
Communication on the Commission 2005 protection of the rights of the child
On 4 July 2006 the Commission adopted a Communication "Towards an EU Strategy on the Rights of the Child"
14
, which establishes a comprehensive EU approach to effectively
promote and safeguard the rights of the child in the European Union's internal and external policies and to support Member States' efforts in this field.
15 Achieved
Communication on the Commission 2005 follow-up measures to the Work Programme for a better implementation of the
The Communication was adopted on 7 March 2007
data protection Directive
13 Achieved in 2006.
14 COM(2006) 367 final. 15 Achieved in 2007.
16 COM(2007) 87 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body 17 Achieved
Communication on PETs (privacy Commission 2005 enhancing
technologies) The Communication was adopted on 2 May 2007
Proposal for legislation on the protection of personal data in the context of police Refer to point 3.1. (c) cooperation and
judicial cooperation in criminal matters
EUROPEAN COURT OF JUSTICE
19 Achieved
Proposal on means to enable the European Court of Commission 2006
Justice to handle The Council Decision 2008/79/EC, Euratom and the Amendments to the Rules of Procedure of the Court of Justice enabling the Court to deal more quickly with very urgent questions referred for a preliminary ruling were adopted in December 2007 requests for preliminary rulings
concerning the
area of freedom, security and justice the basis of an initiative of the Court itself.
17 Achieved in 2007.
18 COM(2007) 228 final. 19 Achieved in 2007.
20 OJ L 24, 29.1.2008, p. 42 and OJ L 24, 29.1.2008, p. 39. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body EUROPEAN STRATEGY ON DRUGS
EU Action Plan on drugs 2005 to 2008 Achieved Commission 2005
Following the endorsement by the Council of the EU Drugs Strategy (2005-2012) of December 2004
21
, the Commission adopted a Communication on an EU Drugs Action
22
Plan (2005-2008) on 14 February 2005 . The EU Drugs Action Plan was adopted by the 23
Council on 28 June 2005 .
EU Action Plan on drugs 2009 to 2012 Achieved 24 Commission 2009
Following the endorsement by the Council of the EU Drugs Strategy (2005-2012) of December 2004, the Commission adopted a Communication on an EU Drugs Action Plan (2009-20012) on 18 September 2008
25
. The EU Action Plan on drugs was adopted by the
26
Council in December 2008 .
21 Council document 15074/04. 22 COM(2005) 45 final.
23 OJ C 168, 8.7.2005, p. 1. 24 Achieved in 2008.
26 OJ C 326, 20.12.2008, p. 7. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Continuous evaluation of the EU Action Plan on drugs 2005 to 2008 Commission Annual Since 2006, the Commission publishes annual reports on the implementation of the EU Drugs Action Plan 2005-2008
27
.
Achieved
Green Paper on the role of civil society in formulating policies in the drugs field Commission 2006 On 26 June 2006 the Commission adopted a Green Paper on the Role of Civil Society in Drugs Policy in the European Union
28
. The objective was to bring those most directly
concerned by the drugs problem more closely into the policy process at the EU level by launching a wide ranging consultation on how to organise a structured and continuous dialogue between the Commission and civil society. The Commission received 65 replies to the open consultation that followed the publication of the Green Paper. All these proposals have been carefully studied and the Commission has set up a Civil Society Forum on drugs.
Report on the Commission 2007 · Delayed implementation and
functioning of the The Commission is expected to submit the first report in 2009. Only 11 Member States sent their report on transposition by the deadline of 12 May 2006. Framework Decision on drugs trafficking
27 For the year 2006, SEC(2006) 1803, Progress Review on the implementation of the EU Drugs Action Plan (2005-2008); for the year 2007, COM(2007) 781 final and SEC(2007) 1739; for 2008, SEC(2008) 2456, Report on the Final Evaluation of the EU Drugs Action Plan (2005-2008). 28 COM(2006) 316 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Progress report on and impact assessment of the EU Action Plan on drugs 2005 to 2008 Commission 2008 The achievements of the EU Action Plan on drugs 2005 -2008 were presented in the final evaluation of the EU Action Plan on drugs 2005-2008
Achieved 30
Communication on an EU Action Plan on drugs 2009 to 2012 Commission 2009 The Commission presented the Communication on 18 September 2008
endorsed the EU Action Plan on drugs in December 2008
EXTERNAL RELATIONS
Strategy on all the external aspects of the Union policy on freedom, security Achieved Council 2005
The Council adopted the "Strategy for the External Dimension of JHA: Global Freedom, Security and Justice" on 12 December 2005
and justice, 33 .
based on the measures developed in the Hague programme
29 SEC(2008) 2456.
30 Achieved in 2008.
32 OJ C 326, 20.12.2008, p. 7. 33 Council document 15446/05. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Communication on all the external aspects of the Union policy on freedom, security Commission 2005 The Commission adopted the Communication "A Strategy on the external dimension of the area of Freedom, Security and Justice"
34
and justice on 12 October 2005. Together with the
(contribution to the contribution from the Council's General Secretariat Strategy) for the External Dimension of JHA endorsed by the Council in December 2005. STRENGTHENING FREEDOM
CITIZENSHIP OF THE UNION
Report on the application of Directives 90/364/EEC, 90/365/EEC Commission 2005-2006 Achieved
and The third report from the Commission to the Council and the European Parliament on the application of Directives 90/364, 90/365 and 93/96 on the right of residence for students, economically inactive and retired Union citizens was adopted on 5 April 2006 93/96/EEC on the right of residence of pensioners, students
and inactive persons
35 Council document 12850/05. 36 COM(2006) 156 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Directive 93/109/EC on the right Commission 2005-2006 to vote in the
European Parliament On 12 December 2006 the Commission adopted the Communication "European elections 2004 - Commission report on the participation of European Union citizens in the Member State of residence (Directive 93/109/EC) and on the electoral arrangements (Decision 76/787/EC as amended by Decision 2002/772/EC, EURATOM)" elections, including in the new Member States and, if appropriate, proposals for the amendment of the latter Directive
Council Directive amending Directive 93/109/EC of 6 December 1993 as regards certain detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals
38
.
Achieved
Proposal to facilitate Commission 2006 diplomatic and consular protection
On 28 November 2006 the Commission issued a Green Paper on the Diplomatic and Consular Protection of the Citizen of the Union in third countries
initiative "Effective consular protection in third countries: the contribution of the European Union - Action Plan 2007-2009"
40
was adopted on 5 December 2007.
Proposal on provisions and conditions required for a European Commission 2007 · Delayed citizens' There is no legal basis for putting forward such an initiative under the current Treaties. initiative
37 COM(2006) 790 final. 38 COM(2006) 791 final. 39 COM(2006) 712 final. 40 COM(2007) 767 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Examination of possible measures to strengthen and to add to the rights laid down under the citizenship provisions of the Treaties (Article 22 of the EC Treaty) Commission 2008 The Fifth Commission Report on Citizenship of the Union (1 May 2004 30 June 2007) was adopted on 15 February 2008
41
.
Achieved
Control of transposition, compliance and correct application of Directive 2004/38/EC Commission 2006
The Commission monitors closely the transposition of Directive 2004/38/EC. Between June 2006 and February 2007 the Commission initiated infringement proceedings under Article 226 of the EC Treaty against 19 Member States for their failure to communicate the text of the provisions of national law adopted to transpose the Directive. Since then, as all Member States have gradually adopted the transposition measures, the infringement proceedings for non-communication have been closed. On 10 December 2008, the Commission adopted its report on the application of the Directive
on free movement and residence
42 COM(2008) 840 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Report on application of Directives Commission 2006 90/364/EEC,
90/365/EEC and The Third Commission Report on application of the three Directives was published on 5 April 2006 43
93/96/EEC on free . movement and residence and on the situation of the nationals
of the new Member States
Report on application of Directive 2004/38/EC on free Commission 2008 Achieved movement and The Commission published the first implementation report of Directive 2004/38/EC on 10 December 2008 44
residence and, if . appropriate, proposals for the amendment of the Directive
ASYLUM, MIGRATION AND BORDER POLICY
43 COM(2006) 156 final. 44 COM(2008) 840 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Framework Programme Commission 2005 "Solidarity and
Management of Migration Flows" under the new Financial Perspectives The Commission proposed four funds under this Framework Programme Refugee Fund, External Borders Fund, European Fund for the Integration of Thirdcountry Nationals and European Return Fund). The funds were adopted in 2007
Annual reports on European Ongoing Achieved migration and asylum Migration
statistics Network The annual reports on migration and asylum statistics forms part of the European Migration Network's annual work programme. The annual report 2006 has been finalised in early 2009, the reports for the years 2007 and 2008 are part of the EMN's 2009 work programme. The delays are due to the lack of a proper legal base (and thus funding) in 2007. Establishing of migration profiles for ACP countries as an annex to Country Strategy Papers. Further work on widening the scope of the migration profiles is ongoing.
45
46 Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme `Solidarity and Management of Migration Flows' and repealing Council Decision 2004/904/EC; Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme `Solidarity and Management of Migration Flows'; Council Decision 2007/435/EC of 25 June 2007 establishing the European Fund for the Integration of thirdcountry nationals for the period 2007 to 2013 as part of the General programme `Solidarity and Management of Migration Flows'; Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Return Fund for the period 2008 to 2013 as part of the General Programme `Solidarity and Management of Migration Flows'. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Adoption of an EU Council/Parl 2005 framework Regulation on the collection of migration and asylum statistics iament
The Council and the European Parliament adopted the Regulation (EC) No 862/2007 on Community statistics on migration and international protection and (repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers) on 11 July 2007
47
.
Achieved
Green Paper on the future of the European migration network, possibly followed by a proposal establishing a Commission 2005 and 48
2006
The Commission presented the Green Paper on 28 November 2005
Commission proposal presented on 10 August 2007 for a Council Decision establishing a European Migration Network
50
European Migration , the Council adopted on 14 May 2008 the Decision Monitoring Centre 2008/381/EC establishing a European Migration Network
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. The Council Decision 2006/688/EC on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration was adopted on 5 October 2006
47 OJ L 199, 31.7.2007, p. 23. 48 Achieved in 2008.
49 COM(2005) 606 final. 50 COM(2007) 466 final.
51 OJ L 131, 21.5.2008, p. 7.
52 OJ L 283, 14.10.2006, p. 40. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body COMMON EUROPEAN ASYLUM SYSTEM
Adoption of the asylum procedures Directive Council/ 2005 Achieved Parliament
The Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status was adopted on 1 December 2005
following the Commission's proposal dated 20 September 2000
Achieved 55
Conclusion of the so-called "parallel agreements" with Denmark on "Dublin II" and "Eurodac" Council 2005 56
Following the Commission's proposals , both the agreement with Denmark on Dublin II
and Eurodac, as well as the protocol to the agreement with Norway and Iceland on Dublin II, extending its application to Denmark, were signed on 10 March and 25 June 2005 respectively. The Council adopted the Decision 2006/188/EC and the Decision 2006/167/EC on 21 February 2006
57
. On 24 October 2008, the Council adopted the
Protocol between the European Community, Switzerland and Liechtenstein to the Agreement with Switzerland on Dublin II (Council Decision 2006/257/CNS). This Protocol was needed in order to create rights and obligations between Denmark, Switzerland and Liechtenstein.
53 OJ L 326, 13.12.2005, p. 13.
54 COM(2000) 578 final, amended by COM(2002) 326 final/2. 55 Achieved in 2006.
56 COM(2004) 594 final and COM(2005) 131 final.
57 OJ L 66, 8.3.2006, p. 37 and OJ L 57, 28.2.2006, p. 15. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Monitoring the Commission 2005 transposition and ongoing
implementation of first Full evaluations of the implementation of the Dublin system (Dublin and Eurodac Regulations) and of the Reception Conditions Directive were presented by the Commission in June phase instruments
58 59
and November 2007 respectively. They provided the basis for the preparation of amendments to those instruments, which were presented in December 2008
60
.
Proposal on long-term Commission 2005 Achieved resident status for
beneficiaries of The proposal for a Council Directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection was adopted on 6 June 2007 international protection
58 COM(2007) 299 final.. 59
Available at: http://ec.europa.eu/justice_home/doc_centre/asylum/studies/doc_asylum_studies_en.htm.
60 COM(2008) 815 final, Proposal for a Directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers (Recast); COM(2008) 820 final, Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast); COM(2008) 825, Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast). 61 COM(2007) 298 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body
Second-phase instruments and Commission 2010 The amendments to the reception conditions directive, to the Dublin and Eurodac regulations and the proposal for a European Asylum Support Office measures to be
presented to the Council and adopted by the Commission. the European
Parliament The amendment to the procedures and qualifications directives and the proposal for an European resettlement scheme are meant to be adopted by the end of 2009. · Delayed
Study on the joint Commission 2006 processing of asylum
applications within the The study was not conducted as it was considered that the timing was not the most appropriate. However, in view of the completion of the second phase of the CEAS, it is now foreseen to commission this study in 2009-2010. Union
· Postponed
Study, to be conducted in close consultation with the United Commission 2006
Nations High The study was not conducted as it was considered that the timing was not the most appropriate. However, in view of the completion of the second phase of the CEAS, it is now foreseen to commission this study in 2009-2010. Commissioner for
Refugees (UNHCR), on joint processing of asylum applications outside EU territory
62 COM(2009) 66 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved 63
Establishment of structures involving Commission 2005 the national
asylum services of the Member The Communication on "Strengthened practical cooperation - New structures, new approaches: improving the quality of decision making in the common European asylum system" was adopted on 17 February 2006 States for 64
promoting cooperation . (Communication)
Achieved
Establishment of a Commission European support office in charge of all forms of cooperation concerning a common asylum system on the basis of an evaluation
The Commission presented in February 2009 the proposal for the establishment of a European Asylum Support Office (see point 2.3 (e)).
Achieved 65
Final Report on the Commission 2005 European Refugee Fund
The Final evaluation of the ERF for the period 2000-2004
2006.
63 Achieved in 2006.
64 COM(2006) 67 final. 65 Achieved in 2006. 66 SEC(2006) 1636. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved 67
Proposal for amending the European Refugee Fund decision to assist Member States in the reception of certain categories of thirdcountry nationals Commission 2005 The Council Decision 2004/904/EC establishing the European Refugee Fund for the period 2005 to 2010 was adopted on 2 December 2004
amended proposal for a Decision of the European Parliament and the Council establishing the ERF for the period 2008 2013 as part of General the programme `Solidarity and Management of Migration Flows' on 24 May 2006
573/2007/EC of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme `Solidarity and Management of Migration Flows' and repealing Council Decision 2004/904/EC
was adopted on 23 May 2007.
Achieved 71
Approvals of European Refugee Commission 2005, 2008, Fund national 2011
multi-annual programming All national multi-annual programmes were examined by the Commission and adopted in the course of 2005-2006 and 2008-2009. LEGAL MIGRATION INCLUDING ADMISSION PROCEDURES
67 Achieved in 2006.
68 OJ L 381, 28.12.2004, p. 52. 69 COM(2005) 123 final /3.
70 OJ L 144, 6.6.2007, p. 1. 71 Excluding 2011 actions. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Assessment and Commission From 2005 monitoring of the onwards
transposition and Several meetings with the Member States on the transposition and application of the existing directives were held in the course of 2005, in particular on family reunification (2003/86/EC) and on long-term resident status (2003/109/EC). In addition to regular contact committee, in 2007 the Commission launched a 12 month study on the conformity checking of measures of Member States to transpose Directives in the area of immigration and asylum. The results of this study have been available since October 2008 and have been used by the Commission as background information in its function to ensure, in accordance with Article 226 EC, the proper transposition and application of immigration and asylum Directives in the Member States. Moreover, the results have also been used to elaborate the first application report of the family reunification directive presented in October 2008 implementation of first phase directives on legal migration
72
.
Achieved
Debate on Green Paper on economic migration Commission 2005 The Green Paper on an EU approach to managing economic migration was presented on 11 January 2005
73
and the deadline for the public consultation was 15 April 2005. Debates
were held at the JHA Council of February 2005 and the EMPL Council of May 2005. The Commission received more than 130 written contributions from all relevant stakeholders and a public hearing was held on 14 June 2005. The European Parliament gave its opinion in October 2005; the European Economic and Social Committee and the Committee of the Regions gave their opinions in May 2005.
72 COM(2008) 610 final. 73 COM(2004) 811 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
On the basis of the outcome of the public consultation on the Green Paper Commission Before end of 2005
The Policy Plan on legal migration was adopted on 21 December 2005
on economic (point 1.4 of comprehensive document containing a set of legislative and operational measures to be put forward between 2006 and 2009 on: conditions of admission and residence for economic immigrants; information building and sharing; integration measures; and measures to be enacted in cooperation with the countries of origin. The European Parliament adopted an own-initiative report on the policy plan in September 2007 (Gruber report). migration, presentation of a Policy the Hague
Plan on legal Program migration, including me) admission procedures
In accordance with the Policy Plan, in October 2007 the Commission tabled the first two of the five legislative proposals announced: a directive on the admission of highly skilled migrants ("EU Blue Card")
75
and a horizontal framework directive on migrant rights and
76
a single application procedure . Two other proposals on seasonal workers and ICTs are expected to be presented in 2009.
INTEGRATION OF THIRD-COUNTRY NATIONALS
75 COM (2007) 637 final, adopted by the Council on 25.5.2009. 76 COM (2007) 638 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Communication on a Commission 2005 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
77
. The conclusions adopted by the JHA Council of 1-2 December 2005
supported the lines of action contained in this Communication.
79 Achieved
Management of INTI Commission 2005 to preparatory actions 2006
The Commission received 139 grant applications in response to the INTI 2005 call for proposals. The Commission agreed to co-finance 15 new projects in connection with the call for proposals under the INTI 2005 programme to the tune of some EUR 4.3 million. The 2006 call for proposals was launched during the second semester of 2006. The Commission received 150 grant applications in response to the INTI 2006 call for proposals. The Commission agreed to co-finance 12 new projects in connection with the call for proposals under the INTI 2006 programme to the tune of some EUR 3.9 million. The year 2006 was the last year of the INTI programme. An evaluation on the INTI pilot projects/preparatory actions 2003-2006 was finalised in 2008, which underlined the overall good results of the programme.
78 Council document 14390/05, p. 36.
79 Complementary activities are undertaken in the framework of the European employment strategy and the social inclusion process. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Annual reports on Commission 2005 immigration and ongoing
integration The first annual report on immigration and integration was adopted on 17 July 2004 The second annual report on immigration and integration was adopted on 30 June 2006
The third and so far last annual report was adopted on 19 September 2007
Achieved 83
Handbook on integration Commission Second edition
2006, The first edition of the handbook (November 2004) was made available in all official languages on JLS website in the second semester of 2006 ongoing
The second edition of the handbook was presented in May 2007 at the occasion of the second Ministerial Conference on Integration in Potsdam (Germany) and has been made available in all official languages at the same internet address.
A third edition of the handbook is close to finalisation and is expected to be officially presented in the course of 2009.
Achieved 85
Development of a website on integration Commission 2006 86
The website was launched in April 2009 .
80 COM(2004) 508 final. 81 SEC(2006) 892.
82 COM(2007) 512 final. 83 Achieved in 2007.
84 Available at: http://ec.europa.eu/justice_home/doc_centre/immigration/integration/doc_immigration_integration_en.htm. 85 Achieved in 2009.
86 Available at: http://ec.europa.eu/ewsi/. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body FIGHT AGAINST ILLEGAL IMMIGRATION
Contribution to Council/Co 2005 · Delayed management of mmission ongoing
immigration liaison In October 2006 the Commission presented a discussion paper on further development of Immigration Liaison Officers (ILO) networks in third-countries presented in the Strategic Committee for Immigration, Frontiers and Asylum (SCIFA). Building upon Member States' replies to a Presidency questionnaire, further discussions took place in 2007 and 2008, focussing on the possibility of greater FRONTEX involvement in the further development of liaison officer networks. It was agreed to follow a two-phased approach. In the first phase, the Commission convened an expert meeting dealing with the use of the ICONet (13 November 2008) and will launch another one on the update of the ILO Manual (2009). Furthermore, in 2009 the Commission will present a proposal amending some articles of the ILO Regulation 377/2004 (including art. 6). In a second phase, the Commission will discuss with Member States the possibilities to establish EU ILOs (looking after the interest of a number of Member States and/or EU bodies such as FRONTEX). networks in relevant third countries
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Annual report on the Commission 2005 common policy on illegal migration ongoing
The first annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external border controls, and the return of illegal residents was adopted on 25 October 2004
The second annual report was adopted on 19 July 2006
The third annual report was adopted on 9 March 2009
Achieved
Adoption of a Commission Decision establishing a secure Commission 2005
web-based The Commission Decision laying down detailed rules for the implementation of Council Decision establishing a secure web-based information network for Member States' migration management services (Iconet) was adopted on 15 December 2005 information network for Member States' migration services (ICONET)
a Memorandum of understanding between the Commission and FRONTEX concerning the development of the ICONet was signed in February 2007, allowing FRONTEX to use the network in order to perform its tasks. A similar Memorandum was signed with Europol in January 2008.
87 SEC(2004) 1349. 88 SEC(2006) 1010. 89 SEC(2009) 320.
90 Commission Decision C(2005) 5159 final of 15 December 2005 laying down detailed rules for the implementation of Council Decision 2005/267/EC establishing a secure web-based Information and Coordination Network for Member States' Migration Management Services. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body
Proposal for the conclusion and Commission 2005 Postponed
·
signature of the
Council of Europe The proposal for the conclusion of the Council of Europe Convention has not been put forward due to legal and institutional problems. In particular, the strong monitoring system of the Convention could interfere with the monitoring of EC Directives dealing with the same or related issues, and therefore jeopardise the autonomy of Community law. Convention on action
against trafficking in human beings (CAHTEH)
However, internal consultation is underway with a view to identifying a possible solution.
Realisation by Member States Member Achieved of targets for States
reducing the informal The Policy Plan on Legal Migration of 21 December 2005 contains several measures to address the issue of illegal employment of third-country nationals. More measures have been presented in the Communication on illegal immigration in July 2006 economy as set out in the European
employment
strategy provided for by the Lisbon Strategy is carried out by Member States in the context of the employment strategy and policies. Achieved
Presentation by the Commission Commission of a report which
may include Building upon the Commission Communication on policy priorities in the fight against illegal immigration of third country nationals and on the European Council conclusions of 15-16 December 2006 instruments for fighting against illegal work
92
, a proposal for a Directive on sanctions against employers of
93
illegal immigrants was presented in 2007 and was adopted in May 2009.
92 Council document 16879/06. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal on return Commission 2005 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
94
. The Directive 2008/115/EC on common standards and procedures in Member
States for returning illegally staying third-country nationals was adopted on 16 December 2008
95
.
Launching of the Commission 2005 Achieved preparatory actions for
financial support to return management The budgetary authority established the relevant budget heading "Preparatory actions for a financial instrument for return management in the area of migration" in
Return Preparatory Actions commenced in 2005 with a commitment appropriation of 15.000.000 for grants. For 2006, which was the last year of the Return Preparatory Actions, 15.000.000 were allocated, of which 14.620.000 was for grants and 380.000 for tenders. 38 projects were financed under the 2005 and 2006 calls for proposal.
93 COM(2007) 249 final. 94 COM(2005) 391 final.
95 OJ L 348, 24.12.2008, p. 98. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Appointment of a Commission 2005 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 policy, and Jean-Louis De Brouwer, Director in DG JLS, as Deputy SR. common readmission policy
Error! Unknown document property name.
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-31 -
Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Conclusion of Community readmission Commission Timely agreements
and management of Since 2004, 11 readmission agreements have been concluded and have entered into force: Hong Kong (1 March 2004), Macao (1 June 2004), Sri Lanka (1 May 2005), Albania (1 May 2006), Russian Federation (1 June 2007), Montenegro, the former Yugoslav Republic of Macedonia, Serbia, Bosnia and Herzegovina, Ukraine and the Republic of Moldova (for all of them, 1 January 2008). The negotiations with Pakistan were successfully completed in September 2008 and the agreement is in the process of ratification by both sides. The negotiations with Morocco and Turkey are still ongoing while the negotiations with China and Algeria have not been initiated yet due to the refusal to engage from those two countries. existing agreements
The following Joint Readmission Committees were convened with the respective countries to monitor implementation of the readmission agreements in force: with Russia 4 meetings; with Hong Kong, Macau, Moldova, 1 meeting with each; with Albania, Montenegro, the former Yugoslav Republic of Macedonia, Serbia, Bosnia and Herzegovina, 2 meetings with each; with Ukraine, 3 meetings. The meeting with Sri Lanka is to be convened in the course of 2009. Following the authorisation to negotiate a readmission agreement with Georgia given by the Council to the Commission in November 2008, formal negotiations were opened in April 2009.
The Commission also presented recommendations to the Council for obtaining negotiating guidelines for readmission agreements with Cape Verde.
EXTERNAL DIMENSION OF ASYLUM AND MIGRATION
Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Communication on Commission 2005 migration and development
The Communication "Migration and Development: Some concrete orientations" was presented by the Commission on 1 September 2005
Commission to give firm shape to the orientations contained in the Communication, in particular as regards migrant remittances, diaspora and brain drain issues, and approved conclusions on migration and external relations on 21-22 November 2005
Achieved 98
Revised version for 2006 of the reference document of 2005
the AENEAS 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 programme
99
. This new Thematic Programme was established through the adoption of the
Regulation (EC) N°1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation
June 2007 the Commission adopted the Strategy Paper and the Multi-Annual Indicative Programme 2007-2010 for the implementation of the new Thematic Programme.
97 Council document 14769/05.
98 To be considered within the framework of the new financial perspectives. 99 COM(2006) 26 final.
100 OJ L 378, 27.12.2006, p. 41 Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Completing the integration of Commission 2005 migration into the
country and regional Integration of migration into the regional and country strategy papers is an ongoing process. All CSP for the period 2008-2013 have a section on migration and a migration profile in the annex for CSP with ACP countries. strategy papers for all relevant third countries
Achieved
Conclusions in order to intensify Member States' cooperation in preventing further loss of life resulting from attempts to enter the EU illegally, mainly in the Mediterranean Council 2005 European Council conclusions were adopted on 15-16 December 2005
101 Annex I to the Brussels European Council Conclusions of 15-16 December 2005, Council document 15914/1/05 rev 1. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Plan of action for EU Regional Commission 2005 Protection / Council
Programmes, including EU resettlement scheme The Commission adopted a Communication on Regional Protection Programmes on 1 September 2005 102
. 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 subSaharan Africa.
Achieved 103
Launching pilot protection programmes Commission 2005 Pilot projects were started beginning 2007 in Tanzania and in the Western Newly Independent States.
102 COM(2005) 388 final. 103 Achieved in 2007. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Report on progress and achievements in asylum and migration, within the context of the European Neighbourhood Policy Commission 2005 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
104
. Pilot Mobility Partnership with the Republic of
Moldova was signed on 5 June 2008 and is being implemented.
BORDER MANAGEMENT, BIOMETRICS, INFORMATION SYSTEMS AND VISA POLICY
104 COM(2005) 352 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal on SIS II legal instruments Commission 2005
The three proposals for legal instruments which will govern the establishment, operation and use of the Schengen Information System (SIS II) were adopted by the Commission on 31 May 2005
105
.
On 20 December 2006, Regulation (EC) No 1986/2006 of the European Parliament and of the Council regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates and the Regulation (EC) No 1987/2006 of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen Information System (SIS II) were adopted
106
. On 12 June 2007, the Council Decision
2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System (SIS II) was adopted
The legal instruments governing SIS II were completed by the adoption by the Commission of the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) in March 2008
105 COM(2005) 230, proposal for a Council Decision on the establishment, operation and use of the second generation Schengen information system (SIS II); COM(2005) 236, proposal for a Regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen information system (SIS II); COM(2005) 237, proposal for a Regulation of the European Parliament and of the Council regarding access to the second generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates. 106 OJ L 381, 28.12.2006, p. 1 and p. 4 respectively. 107 OJ L 205, 7.8.2007, p. 63.
108 OJ L 123, 8.5.2008, p. 1 and p. 39 respectively. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Start of evaluation of the implementation of the nonSIS II related acquis in the new Member States Council 2006 The evaluations have been carried out during 2006-2007.
Evaluation of SIS II related acquis in the new Member States Commission 2007 Achieved
(after SIS II Schengen evaluations of the SIS have been carried out in September 2007 in accordance with the relevant Schengen evaluation procedures. operational)
Adoption of a Council Decision on the lifting of controls at the borders with and between the new Member States, when all requirements Council 2007 Achieved
Council Decision 2007/801/EC on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic was adopted on 6 December 2007
regarding
109
application of the Schengen acquis have been met and once .
The Schengen Member States continue to rely on SIS 1+; SIS II shall become operational after all relevant tests have been completed in accordance with the provisions of Council Decision 2007/533/JHA
the Schengen Information System (SIS II) has become operational
110
and Regulation (EC) No 1987/2006
112
The proposals for a regulation and a decision
Information System (SIS 1+) to the second generation Schengen Information System (SIS II) were adopted on 16 April 2008. Council Regulation (EC) No 1104/2008 and Council Decision 2008/839/JHA were adopted on of 24 October
109 OJ L 323, 8.12.2007, p. 34. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved 115
Proposal for supplementing the Commission 2007 existing Schengen
evaluation mechanism with a supervisory mechanism The Commission presented a proposal for a regulation (first pillar) and a proposal for a decision (third pillar) on a new Schengen evaluation mechanism on 27 February 2009 Achieved
Proposal on the setting up, the Commission 2007 powers and the
financing of teams of national experts to provide technical and operational assistance The Commission presented the proposal for a Regulation establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism on 19 July 2006 118
to Member 863/2007 was adopted on 11 July 2007 . States in the control and surveillance of external borders
within the framework of the Border Management Agency
110 OJ L 205, 7.8.2007, p. 63. 111
OJ L 381, 28.12.2006, p. 4.
112 COM(2008) 197 final. 113 COM(2008) 196 final.
114 OJ L 299, 8.11.2008, p. 1 and p. 43. 115 Achieved in 2009.
116 Respectively COM(2009) 102 final and COM(2009) 105 final. 117 COM(2006) 401 final.
118 OJ L 199, 31.7.2007, p. 30. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved 119
'Handbook for border Commission 2005 guards' (after adoption of the Community code on the rule governing the movement
The Commission adopted the recommendation establishing the Practical handbook for border guards (Schengen Handbook) on 6 November 2006
of persons across borders)
Achieved 121
Evaluation report on the External Border Agency, including a review of the tasks of the Agency and an assessment of whether it should concern itself with other aspects of border management (including the evaluation Commission 2007 The Commission submitted the report on 13 February 2008
package" (which also includes a communication on entry-exit system and on a European border surveillance system).
123
An external evaluation of FRONTEX was concluded in 2009 and confirmed the positive results achieved by the Agency in relation to the main objectives set in the founding regulation.
of the
functioning of the teams of national experts and the feasibility of a system of Europe an border guards)
119 Achieved in 2006.
120 C(2006) 5186 final. 121 Achieved in 2008.
122 COM(2008) 67 final.
123 External evaluation of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, available at: http://www.frontex.europa.eu/download/Z2Z4L2Zyb250ZXgvZW4vZGVmYXVsdF9vcGlzeS82Mi8xLzE/cowi_report_final.doc. Error! Unknown document property name.
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-40 -
Action under the Action Competent
1 Deadline State of play Plan 2 body
Adoption of a Council Decision on the partial implementation Council 2006 · Delayed of the The adoption of the Decision is dependant on the possibility for Ireland to access SIS. Schengen acquis by Ireland
Adoption of a Council Decision on the partial implementation Council 2005 · Delayed of the The adoption of the Decision is dependant on the possibility for the United Kingdom to access SIS. Schengen acquis (SIS) by the United Kingdom
Proposal modifying the Common Commission 2005 Achieved 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
124
.
124 COM(2006) 269 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Preparation fort he Council From 2005 development of minimum standards for national IDcards onwards
Several expert meetings were organised to work on the development of minimum standards, the interoperability of electronic signatures and the issuing procedures. Conclusions in the form of a resolution by the representatives of Member States meeting within the Council were adopted by the JHA Council of 1 December 2005
document on minimum security standards for ID was transmitted to the Council in the 1st half of 2006. In the absence of a legal basis, Member States adopted these standards in a "Resolution of the representatives of the governments of the Member States of the European Union" on 4-5 December 2006
126
.
Achieved
Preparation for the Council From 2005 development of minimum standards onwards
for sector- On 14 April 2005, the Council adopted the Decision 2005/367/EC authorising Member States to ratify, in the interests of the European Community, the Seafarers' Identity Documents Convention of the International Labour Organisation (Convention 185) specific ID-cards, if appropriate
125 Council document 15000/05.
126 Council document 15801/06, p. 40. 127 OJ L 136, 30.5.2005, p. 1. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Widespread use of Commission From 2006 biometric identifiers onwards
concerning travel On 18 April 2008, the Council Regulation (EC) No 380/2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals was approved, introducing the use of image and two fingerprints in the residence permit for third country nationals documents, visas,
residence permits, EU 128
citizens' passports and . information systems
On 18 October 2007 the Commission presented a proposal amending Regulation (EC) No 2252/2004 on security standards and biometrics in travel documents issued by Member States
129
. It aims at introducing exceptions from the requirement of taking
fingerprints for children below a certain age and persons not able to give fingerprints, as well as introducing the principle "1 person -1 document". The co-decision procedure finished with a compromise proposal which is expected to be adopted in 2009.
Communication on Commission 2006 Achieved enhanced synergies
between SIS II, VIS and Eurodac The Commission adopted on 24 November 2006 a Communication on improved effectiveness, enhanced interoperability and synergies among European databases in the area of Justice and Home Affairs 130
.
128 OJ L 115, 29.4.2008, p. 1. 129 COM(2007) 619 final. 130 COM(2005) 597 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body VISA POLICY, INCLUDING THE DEVELOPMENT OF THE VISA INFORMATION SYSTEM (VIS)
Meetings with third Commission Ongoing Since 2005, the Commission publishes every year a "visa reciprocity report" countries of the positive visa list in order to ensure visa-free travel for citizens of the Member States to all those third countries in the context to be combined In order to restore reciprocity, the European Commission presented a recommendation to the Council to open negotiations on a visa waiver agreement with Brazil. with the
review of
the visa list
of the new reciprocity mechanism
soon to be adopted (to be combined with the review of the visa list)
Achieved 132
Proposals relating to the necessary amendments to further Commission 2005
enhance visa A proposal on the introduction of biometrics and on common application centres was presented by the Commission on 31 May 2006 133
policies and the establishment of common application
centres for visas
131 COM(2006) 3 final; COM(2006) 568 final; COM(2007) 533 final ; COM(2008) 486 final/2; a fifth report will be published in 2009. 132 Achieved in 2006.
133 COM(2006) 269 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Regular review of the visa list Regulation (EC) No 539/2001 Commission Ongoing A Commission proposal for a Council Regulation amending Regulation No 539/2001 was presented on 13 July 2006
134
.Council Regulation (EC) No 1932/2006 amending
Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement was adopted on of 21 December 2006
transferred six third countries from the negative to the positive list, but conditioned the lifting of the visa obligation by the entry into force of visa waiver agreements with each of these countries. These six agreements have been negotiated in the mean time and the Commission has submitted to the Council draft decisions in view of signature and conclusion of these agreements with Antigua and Barbuda
139
Mauritius, Saint Kitts and Nevis and the Seychelles
134 COM(2006) 84 final.
135 OJ L 405, 30.12.2006, p. 23. 136 SEC(2008) 198. 137 SEC(2008) 199. 138 SEC(2008) 200. 139 SEC(2008) 202. 140 SEC(2008) 203. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal on visa Commission 2005 facilitation procedures for members of the Olympic Family -- Turin 2006
The Commission presented a proposal for a Regulation relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2006 Olympic and /or Paralympic Winter Games in Torino on 7 September 2005
141
. On 14 December 2005, the Regulation (EC) No 2046/2005 was
142
adopted . Achieved
Report on the Commission 2005 implementation of
Regulation (EC) No The Commission adopted the report the functioning of the derogation system introduced by Regulation 1295/2003 regarding measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympic Games in Athens on 11 August 2005 1295/2003 "Visa
facilitation procedures for members of the Olympic Family -- Athens 2004"
Achieved 144
Proposal amending the Common Council 2005 Consular
Instructions on visa fees On 1 June 2006, the Council adopted the Decision 2006/440/EC amending Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual on the fees to be charged corresponding to the administrative costs of processing visa applications
141 COM(2005) 412 final.
142 OJ L 334, 20.12.2005, p. 1. 143 SEC(2005) 1051.
144 Achieved in 2006.
145 OJ L 175, 29.6.2006, p. 77. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposals on transit Commission 2005
On 22 August 2005 the Commission presented the proposal for a decision establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia of certain documents as equivalent to their national visas for the purposes of transit through their territories and the proposal for a decision establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory
Decisions No 895/2006/EC and No 896/2006/EC were finally adopted 14 June 2006
On 11 September 2007, after the accession of Bulgaria and Romania into the EU, the Commission presented a revision of the Decisions No 895/2006/EC and 896/2006/EC
The new proposals have been adopted on 17 June 2008 (Decisions 582/2008/EC
150
586/2008/EC ).
146 COM(2005) 381 final.
147 OJ L 167, 20.6.2006, p. 1 and p. 8. To take into account the accession of Bulgaria and Romania to the EU, the two decisions were followed-up by Decision No 582/2008/EC (OJ L 161, 20.6.2008, p. 30) and Decision No 586/2008/EC (OJ L 162, 21.6.2008, p. 27). 148 COM(2007) 508 final.
149 OJ L 161, 20.6.2008, p. 30. 150 OJ L 162, 21.6.2008, p. 27. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body
Recommendation for Commission 2005 Delayed
·
negotiating directives for visa waiver agreements between the EC and third countries on the conditions to move freely within the Union for a period between three and six months ongoing There is no legal basis under the current Treaties related to this action.
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
No 1931/2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention was adopted on 20 December 2006
152
.
Achieved 153
Report on the operation of the Commission 2005 Kaliningrad transit
scheme On 22 December 2006, the Commission adopted the Report on the functioning of the facilitated transit for persons between the Kaliningrad region and the rest of the Russian Federation 154
.
151 COM(2005) 56 final.
152 OJ L 405, 30.12.2006, p. 1. 153 Achieved in 2006.
154 COM(2006) 840 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body 155 Achieved
Kaliningrad Facility Commission Ongoing / Lithuania
Final payment was made in 2008.
Achieved 156
Schengen facility for seven Member States Commission 2004/2006 / seven
beneficiary The seven Commission Decisions on the financial contribution of the Schengen facility were adopted in 2004 157
Member ; the seven Schengen Facility Financing Decisions were adopted 158
States in 2005 ; the seven Schengen Facility Financing Decisions were adopted in 2006
155 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". 156 Achieved in 2006.
157 C(2004) 4439 for Estonia, C(2004) 4872 for Hungary, C(2004) 4867 for Latvia, C(2004) 4471 for Lithuania, C(2004) 4874 for Poland, C(2004) 4873 for Slovakia, C(2004) 4437 for Slovenia. 158 C(2005) 5686 for Estonia, C(2005) 5693 for Hungary, C(2005) 5826 for Latvia, C(2005) 5699 for Lithuania, C(2005) 5702 for Poland, C(2005) 5824 for Slovakia, C(2005) 5706 for Slovenia.
159 C(2006) 4941 for Lithuania, C(2006) 5086 for Latvia, C(2006) 5344 for Slovakia, C(2006) 6431 for Slovenia, C(2006) 6471 for Estonia, C(2006) 6596 for Poland and C(2006) 6733 for Hungary. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Specific recommendations for negotiating directives on visa facilitation on a case by case basis with third Commission 2005 to 2009
The Commission has negotiated visa facilitation agreements with eight third countries: Russia, Ukraine, the Republic of Moldova, Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia and Montenegro, back-to-back with readmission agreements (see 2.6(j)). The agreement with Russia entered into force on 1 June 2007 and the other agreements on 1 January 2008. . These agreements provide for simplification of the visa procedures for citizens of these countries wishing to travel to the EU for short stays. Following the authorisation to negotiate a visa facilitation agreement with Georgia given by the Council to the Commission in November 2008, formal negotiations should be opened in 2009. In November 2008, the Commission recommended the opening of negotiations on visa facilitation agreement with Cape Verde in the framework of the EU's pilot Mobility Partnership with Cape Verde.
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
Achieved
Proposal on the review of the Commission 2006 Common Consular
Instructions, concerning in particular local consular cooperation A proposal for a Regulation establishing a Community code on visas was presented by the Commission on 28 July 2006 160
. Adoption by the European Parliament and the
Council is foreseen for 2009.
160 COM(2006) 403 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body
Technical implementation of the VIS, starting with the Commission 2006 · Delayed
functionalities for The initial Council Decision (2004/512/EC) of 8 June 2004 establishing the Visa Information System (VIS) 161
processing alphanumeric established the VIS as a system for the exchange of visa
data and photographs and adding the functionalities for biometric data data between Member States. For the technical implementation of the VISA it was necessary to define the purpose, the functionalities and responsibilities for the VIS, and to establish the conditions and procedures for the exchange of visa data between Member States to facilitate the examination of visa applications and related decisions. In this respect the Commission presented on 28 December 2004 a proposal for a Regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay-visas 163
(EC) No 767/2008 was adopted on 9 July 2008
As regards the technical implementation, the Visa Information System (VIS) will go-live with biometric functionalities from the very beginning of its implementation. Following the political agreement of the VIS legal package in June 2007, a new project schedule has been drawn up, taking account of biometrics and the finalised legal requirements, and foresees the central VIS as "available for operations" by December 2009. The date for the start of operations will depend upon the readiness of the Member States. The Commission has published 4 VIS progress reports since 2005
161 OJ L 213, 15.6.2004, p. 5. 162 COM(2004) 835 final.
163 OJ L 218, 13.8.2008, p. 60.
164 In 2005, SEC(2005) 339; in 2006, SEC(2006) 610; in 2007, SEC(2007) 833; in 2008, COM(2008) 714 final. Error! Unknown document property name.
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-51 -
Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal on the creation of common visa offices Commission 2007
In order to create the legal basis for Member States to organize their consular offices and giving a legal framework for taking the mandatory biometric identifiers (the facial image and fingerprints) from visa applicants for the Visa Information System (VIS), an amendment to the Common Consular Instructions envisaging the possibility of the establishment of common application centres was submitted by the Commission on 31 May 2006
165
.
STRENGTHENING SECURITY Achieved
Proposal for a decision establishing Commission 2005 a specific
Programme on The Commission adopted the proposal on 6 April 2005
"Prevention of and fight against crime" 2007/125/JHA establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme "Prevention of and Fight against Crime" was adopted on 12 February 2007
165 COM(2006) 269 final. 166 COM(2005) 124 final.
167 OJ L 58, 24.2.2007, p. 7. Error! Unknown document property name.
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-52 -
Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal for a decision establishing Commission 2005 a specific
programme on The Commission adopted the proposal on 6 April 2005
"Prevention, preparedness and 2007/124/EC, Euratom establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme "Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks" was adopted on 12 February 2007 consequence
management of terrorism"
SHARING OF INFORMATION AMONG LAW ENFORCEMENT AND JUDICIAL AUTHORITIES WHILE STRIKING THE RIGHT BALANCE BETWEEN PRIVACY AND SECURITY
Adoption of a legislative instrument on the retention of Council/ 2005 Achieved Parliament
data processed in On the basis of the Commission proposal of 21 September 2005
connection with the 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC was adopted on 15 March 2006 provision of public electronic communication services for the detection, investigation
171
.
and
prosecution of criminal offences
168 COM(2005) 124 final.
169 OJ L 58, 24.2.2007, p. 1. 170 COM(2005) 438 final.
171 OJ L 105, 13.4.2006, p. 54. Error! Unknown document property name.
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-53 -
Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal on the Commission 2005 establishment of a
principle of availability of law enforcement relevant information The proposal for a Framework Decision on the exchange of information under the principle of availability was adopted on 12 October 2005 by the Commission Achieved
Proposal on adequate safe guards and effective legal remedies for the transfer of personal data for the purpose of police and judicial Commission 2005 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
173
. The Framework Decision 2008/977/JHA was
174
cooperation in adopted on 27 November 2008 by the Council. criminal matters
Achieved
Adoption of a proposal for a Framework Decision on simplifying the exchange of information Council 2005
On 4 June 2004, a Swedish initiative for the simplification of the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union was presented. On the basis of this initiative, the Council Framework Decision 960/2006/JHA was adopted on 18 December 2006
and
intelligence between law enforcement authorities of the Member States of the EU
172 COM(2005) 490 final. 173 COM(2005) 475 final.
174 OJ L 350, 30.12.2008, p. 60. 175 OJ L 386, 29.12.2006, p. 89. Error! Unknown document property name.
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-54 -
Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal on access by law enforcement to the VIS Commission 2006
On 24 November 2005, the Commission presented a proposal for a Council Decision concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences
The Council Decision 2008/633/JHA was adopted on 23 June 2008
176 COM(2005) 600 final.
177 OJ L 218, 13.8.2008, p. 129. Error! Unknown document property name.
-
-55 -
Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Development of the Europol 2006 Europol Information
System Europol has developed the Europol Information System (IS), which is available in the Member States since October 2005. The system means that a limited number of relevant data including personal data will be passed on by national police authorities. The Information System is available to all Member States' Liaison Bureaux, the Europol National Units and Europol SC Units. Pursuant to the entry into force of the 2003 Protocol ("Danish protocol") amending the Europol Convention, the possibility is given to Member States to allow access to IS to some designated national competent authorities on a hit/no hit basis. Furthermore, to improve their contribution to the IS, a number of Member States have automatic data loaders in place, and 8 more are willing to create IS data loaders.
However, after 3 years of operation, the usage of the IS is still low although improvements in the volume of contributions took place in 2008. The IS Strategy 20082012 identified concrete obstacles as to why the system is not sufficiently used and set objectives in order to improve the situation. In October 2008, the IS Improvement Project was set up to improve the added value and the usage of the IS by the end of 2009.
Development of links 2007 · Delayed between the SIS II and the Europol
information Europol has been connected to the SIS II testing environment. Once SIS II will be operational, Europol will have read-only access rights, in accordance with the SIS II legal framework system
Error! Unknown document property name.
-
-56 -
Action under the Action Competent
1 Deadline State of play Plan 2 body
Implementation of the Commission 2006 (2005 · Ongoing principle of availability, concerning the following areas: /Council for DNA) See also 3.1(b). The Commission presented a proposal for a Framework Decision on the implementation of the principle of availability
Decision on the protection of data that are exchanged under this principle in the framework of police and judicial cooperation in criminal matters
-
-DNA
Only the latter Framework Decision was adopted
-
-fingerprints
The Commission supported the initiative of Germany
-
-ballistics Prüm Treaty to transform this Treaty into a Council Decision. The Council adopted the Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and the correlated Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime on 23 June 2008 - telephone numbers
-
-vehicle registrations
182
.
-
-civil registers
The Prüm Decision establishes the possibility for law enforcement authorities to gain direct access on a "hit /no-hit" basis to decentralised DNA and fingerprint databases enabling them to find out whether DNA or fingerprint records exist subsequently followed by a request for additional information on the contents of the records thorough mutual legal assistance arrangements and full online access to vehicle registration databases. The exchange of DNA, Fingerprints and Vehicle registration data is to be implemented by 26 August 2011. Implementation of principle of availability concerning the other three data categories is not likely to follow before major progress on point 3.1(k) has been made.
178 COM(2005) 490 final. 179 COM(2005) 475 final. Error! Unknown document property name.
-
-57 -
Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Communication on Commission 2006 enhanced synergies
between SIS II, VIS and Eurodac Refer to point 2.8(o).
Proposal for a general Community architecture on forensic/police databases Commission 2008 · Not relevant anymore No relevant anymore because of the adoption of the Prüm Treaty.
Definition of a policy for a coherent approach on the development Commission 2005 Ongoing ·
of The Communication on improved effectiveness, enhanced interoperability and synergies among European databases in the area of Justice and Home Affairs was adopted on 24 November 2005 information technology to support
183
the collection, . The discussion on the general policy for a development of storage, processing, information management strategy is ongoing. analysis and exchange of information
180 OJ L 350, 30.12.2008, p. 60.
181 Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision 2007/.../JHA of ... on the implementation of Decision 2007/.../JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, OJ C 267, 9.11.2007, p. 4. 182 OJ L 210, 6.8.2008, p. 1 and p. 12. 183 COM(2005) 597 final. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Proposal concerning a Commission 2005 common EU approach to the use of passenger data for border and aviation security and other law enforcement purposes
The Commission adopted the proposal for a Council Framework Decision on the use of Passenger Name Record (PNR) for law enforcement purposes
part of its Counter Terrorism Package. Discussions in Council have started in February 2008.
Achieved
Joint review on the Air Passengers Data (PNR) Agreement with the USA Commission 2005
During 2005 an EU team undertook a review of the 2004 PNR agreement with the US on the transfer of PNR data. The EU team concluded that the US authorities had applied the agreement, and in particular the Undertakings in which they had given to process PNR data from the EU under certain conditions in a satisfactory manner, and that they had made a number of recommendations. Following the ruling of the Court of Justice of 30 May 2006
185
in which the Court annulled the Council and Commission decisions
(respectively 2004/496/EC and 2004/535/EC) allowing entering into force of the 2004 agreement, the EU decided to negotiate an interim agreement that became applicable in October 2006 and lasted until July 2007. The EU signed in July 2007 a long term PNR agreement with the United States, thus ensuring that there was no loophole once the 2006 interim PNR agreement expired. It is provisionally applicable and will enter into force as soon as all Member States have finalised domestic consultation procedures. A review of the 2007 US PNR agreement is scheduled for 2009.
184 COM(2007) 654 final.
185 C-317/04 and C-318/04. Error! Unknown document property name.
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Action under the Action Competent
1 Deadline State of play Plan 2 body Achieved
Completion of negotiations of PNR agreements with Canada Commission 2005 Following the Commission's proposal dated 19 May 2005
and Australia
Canada were completed with the adoption of the Council International Agreement on 18 July 2005 and Commission Adequacy Decision on 6 September 2005. The agreement entered into force on 22 March 2006. In November 2008 a joint review of the operation of the agreement was carried out. The results of the joint review will be presented in 2009.
(2005),and with other countries if necessary
Negotiations with Australia for an EU Australia PNR agreement started on 11 March 2008 after Council issued a mandate on 28 February 2008. The agreement providing for transfer from the EU to Australia of PNR data was signed in Brussels on 30 June 2008 and became provisionally applicable from that date. The Agreement will be valid for seven years. Since the agreement became applicable as from 30 June 2008, no joint review to assess its implementation has been held yet.
Definition of international guidelines ensuring a high degree of protection of privacy for access to PNR data in the framework of the Commission Achieved A Commission staff working paper was issued on 26 January 2004
the ICAO adopted international PNR Guidelines, taking into account the proposals from the Commission. In April 2006, a circular based on the ICAO Management Board has been published
188
International Civil . Aviation Organisation (ICAO)
186 COM(2005) 200 final.
187 SEC(2004) 99 . 188 Circular 309. Error! Unknown document property name.
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-60 -
Action under the Action Competent Deadline State of play Plan body
Further implementation of the EU Action Plan on Combating Terrorism Commission The Commission adopted: /Council/
-
-the Decision on financing a Pilot Project on the "Fight Against Terrorism" on 15 September 2005
European
189
;
Parliament
-
-the decision on the use of the VIS by authorities responsible for internal security on 23 November 2005
190
;
-
-the revised Action Plan on Terrorism on 30 November 2005
Moreover, the Commission proposed an amendment to the Framework Decision on combating terrorism, adopted by the Council in 2008
Enhancing the Security of Explosives which was adopted by the Council in April 2008
194
following a 2007 Commission proposal .
Follow-up to the pilot project in favour of victims of terrorism Commission 2006 Achieved On 7 July 2006, preparatory actions for the victims of terrorist acts were launched with 1.8M earmarked for grants resulting from the call for proposals. In December 2006
189 C(2005) 3179.
190 COM(2005) 600 final. 191 SEC(2005) 1585.
192 OJ L 330, 9.12.2008, p. 21-23. 193 ENFOPOL 69, 8109/08. 194 COM(2007) 651 final. Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body
proposals were selected for co-financing. Since then, projects supporting victims of terrorism have been financed from the general financial programmes, amongst others concerning the creation of a network of associations for victims of terrorism.
Commission
Achieved
Reinforcement of 2005 /Council
cooperation between the competent authorities to combat terrorism through the
Decision 2005/671/JHA on the exchange of information and cooperation concerning terrorist offences, adopted on 20 September 2005
196
development of proposal of 29 March 2004 , provides for the establishment of contact points regarding
specialised contact points in Member States, which will have access to all necessary information and intelligence with respect to terrorist terrorist criminal offences.
activities
involving persons, groups or entities
Commission
Achieved
Examination of the 2005 /Council
necessity and feasibility of the examination
setting-up of a After looking at the necessity and feasibility of setting up a European Law enforcement network (LEN), it was decided to abandon this initiative since it would not provide sufficient added value to existing networks. European law enforcement network (LEN) for the fight against terrorism and if necessary proposal for 2006 proposal
195 OJ L 253, 29.9.2005, p. 22. 196 COM(2004) 221 final. Error! Unknown document property name.
-
-62 -
Action under the Action Competent Deadline State of play Plan body its setting up
Communication on greater security Commission 2005 Achieved of explosives,
bomb-making equipment The Commission's Communication was adopted on 18 July 2005
follow-up was a conference organised by the Commission bringing together all major stakeholders to brainstorm on a long-term plan for making explosives more secure. The Council adopted the Action Plan on Enhancing the Security of Explosives on 18 April 2008
198
, following a 2007 Commission proposal
Standing Committee on Precursors, composed of experts from both the public and private sector, was set up.
Achieved
Communication of the Commission 2005 Commission on violent radicalisation and strategy of
On 21 September 2005, the Commission presented the Communication "Terrorist recruitment: addressing the factors contributing to violent radicalisation"
the Council on
radicalisation and Commission's Communication served as a basis for the EU Strategy on Combating Radicalisation and Recruitment 201
recruitment adopted on 12 December 2005 and updated in 2008 Achieved
Proposal for preventing misuse Commission 2006 of charitable
197 COM(2005) 329 final. 198 ENFOPOL 69 8109/08.
199 COM(2007) 651 final. 200 COM(2005) 313 final.
201 Council document 14781/1/05 rev 1. 202 Council document 15175/08. 203 COM(2005) 620 final. Error! Unknown document property name.
-
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Action under the Action Competent Deadline State of play Plan body
organisations for the On 29 November 2005, the Commission adopted a Communication
financing of terrorism
of and Fight against Terrorist Financing through enhanced national level coordination and greater transparency of the non-profit sector. In December 2005, the Council agreed on five principles that should be taken into account when implementing measures aimed at preventing terrorist abuse of the non-profit sector
Commission, FATF Interpretative Note to Special Recommendation VIII adopted in 2006, and two studies related to this issue provide a basis for further Commission policy development.
Communication on results of the peer evaluation mechanism on terrorism in the 25 Member States Council 2006/2007 Achieved Secretariat
General During 2006 in the framework of the first round of peer evaluation on counter-terrorism measures, the Member States responded to the recommendations of the evaluation teams. A report was drafted by the Council General Secretariat on the basis of the answers of the Member States. The report was approved in the Terrorism Working Party in March 2007. The implementation of the recommendations included in the report is being taken forward by the Member States. In the light of the recommendations of the peer evaluation of national anti-terrorism arrangements, actions are envisaged to strengthen national capabilities to combat terrorism. Identification of need and scope for legal instruments to ensure that all Member States can freeze assets of designated persons on a Council / 2007 Achieved Commission
The EU regime implementing UN Security Council Resolution 1390 (2002) on the freezing of funds of persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban is based on Council Regulation (EC) No 881/2002
204 Council document 14694/05. 205 OJ L 139, 29.5.2002, p. 9. Error! Unknown document property name.
-
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Action under the Action Competent Deadline State of play Plan body
preventive basis in new decisions by the UN to list persons and entities, the annex to this Regulation has been amended various times by Commission Regulations. In addition, following the Kadi judgment of the European Court of Justice accordance with Special Recommendations of the Financial
206
and to ensure continuation of freezing, the
Action Task Commission has proposed to amend Council Regulation Force
Contribution to the Commission 2007 Achieved ongoing work on thwarting the production and spread of chemical, nuclear and biological arms
Policy measures on these issues have been in preparation since 2006. A Green Paper on detection technologies in the work of law enforcement, customs and other authorities was adopted on 1 September 2006
208
, as well as a Green Paper on bio-preparedness
adopted on 11 July 2007. Currently work is on-going to prepare a comprehensive CBRN package by the summer of 2009, following the work of a public-private task force during 2008.
Achieved
Development of the ATLAS cooperation and its legal framework Commission 2006
The Council Decision 2008/617/JHA on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations
210
was adopted by the Council on 23 June 2008.
Achieved
206 Joined Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities. 207 COM(2009) 187 final. 208 COM(2006) 474 final.
209 COM(2007) 399 final.
210 OJ L 210, 6.8.2008 p. 73. Error! Unknown document property name.
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-65 -
Action under the Action Competent Deadline State of play Plan body
countries to fight terrorism and appropriate clauses on counter-terrorism in the agreements
The Commission is sustaining institutional/capacity-building measures in third countries in the fields of justice, freedom and security which, at the same time, contribute to fighting against terrorism (e.g. justice, police, money-laundering, etc.). A standard counter-terrorism clause is systematically part of all agreements under negotiation or to be concluded and of the European Neighbourhood Policy Action Plans
to be concluded by EU/EC with third countries
Achieved
Develop public/private Commission partnerships to improve the prevention and the fight against terrorism
A sector-specific public/private partnership was launched by a conference held on 28 and 29 November 2005 on detection and associated technologies. Cooperation in the form of public/private partnership is also continuing as part of the work on protection of critical infrastructure, explosives and CBRN, where public-private Task-Forces were instrumental in the preparation of the respective Action Plans
Achieved 212
Second report based on Article 11 of the Council Framework Decision of Commission 2005 (report)
Adopted as part of the Counter-Terrorism Package on 6 November 2007
2006 evaluated the implementation of EU 25 and noted that, although most Member States had
211 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. 212 Achieved in 2007. Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body
13.6.2002 on combating terrorism and evaluation (evaluation) implemented the main provisions correctly, there were some important deficiencies to correct in certain national legal systems.
Achieved
Communication on Commission 2005 developing a strategy on tackling organised crime
The Commission adopted its Communication "Developing a strategic concept on tackling organised crime" on 2 June 2005
214
. 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.
Achieved 215
Communication on an Commission 2005 action plan -- EU crime statistics
The Communication "Developing a comprehensive and coherent European Union strategy to measure crime and criminal justice: an EU action plan 2006-2010" was adopted on 7 August 2006
216
and is being implemented.
Commission working Commission 2005 Not relevant anymore ·
paper on criminal
intelligence-led law Following examination of the matter, the Commission considered that this action should
213 COM(2007) 650 final. 214 COM(2005) 232 final. 215 Achieved in 2006.
216 COM(2006) 437 final. Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body
enforcement no longer be pursued as this is an issue for Member States' action.
Recommendation for a Commission 2007 Not relevant anymore · standard methodology for vulnerability
in crime Following examination of the matter, the Commission considered that it is not feasible to identify standards in this area applicable across all sectors. proofing
Presentation of a European crime report Commission 2007 Delayed ·
The production of a European Crime Report is considered subject to the conclusion of the 2006-2010 Commission Action Plan to develop an EU Strategy to measure crime and criminal justice. In this light, the feasibility of producing a 'credible' EU crime report is a priority consideration when the Action Plan final implementation report will be produced in the middle 2010, additional funding has been requested under the 2010 ISEC programme to pilot this project.
Achieved
Organised Crime Threat Analysis Europol As of 2006 (OCTA) by
Europol The 2007 OCTA was issued in June 2007. The 2008 OCTA was published in August 2008 217
.
Crime-proofing of Commission 2005 Not relevant anymore ·
legislation and the design of
crime preventive On the basis of the results of a study conducted in 2006, the Commission concluded that measures into products and
217 Available at: http://www.europol.europa.eu/publications/European_Organised_Crime_Threat_Assessment_(OCTA)/OCTA2008.pdf. Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body
services this action was not worth being pursued.
Report on the results of a study further to the Council resolution of 2001 on the contribution of civil society in Commission 2005 Not relevant anymore ·
This initiative has been overtaken by Framework Decision 2004/68/JHA, which is being updated on the basis of a Commission proposal
finding missing or children, by the Commission Draft Guidelines on child alert system and by the Communication "Towards an EU Strategy on the rights of the child sexually exploited children
Action Plan on Commission 2006 Not relevant anymore ·
private/public partnerships to / Council
protect public The Action plan has never been approved and, after the reformulation of the objectives, the European Security Research Innovation Forum organisations and private companies from organised crime
Improving European Commission 2006 Delayed ·
coordination and
cooperation between hightech crime units in Member States, and with the private To follow up on the 2007 Communication "Towards a general policy on the fight against cyber crime" 221
, actions to strengthen cooperation between law enforcement and private
sector were undertaken in 2007-2008, including two Commission expert meetings on
218 COM(2009) 135 final. 219 COM(2006) 367 final.
220 The establishment of ESRIF was first announced on 26 March 2007 at the 2 nd European Security Research Conference SRC'07 in Berlin. Its inaugural meeting took
place on 11 September 2007. In two following meetings in 2007 a working methodology was agreed and eleven work groups were established. An intermediate status report was presented at the 3rd European Security Research Conference SRC'08 that was hosted by the French EU Presidency on 29-30 September 2008 in Paris. ESRIF is expected to deliver its final recommendations in summer/autumn of 2009. With its current mandate, ESRIF is due to expire at the end of 2009.
221 COM(2007) 267 final. Error! Unknown document property name.
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-69 -
Action under the Action Competent Deadline State of play Plan body
sector (cyber crime cybercrime and a series of informal consultations with both the public and the private sector. As a result, EU recommendations on public-private cooperation in the fight against cyber crime were adopted at expert level in September 2008 and published as an annex to the JHA Council conclusions in November 2008 intelligence network)
including the development of a European cyber crime manual
including practical measures against cyber crime was adopted.
Achieved 223
Communication on cyber crime and cyber security policy Commission 2006
The Commission Communication developing a general policy on fighting cybercrime, "Towards a general policy on the fight against cyber crime", was adopted on 22 May 2007
224
.
Examination of the need for codes of conduct on ethics and integrity for public officials Commission 2007 Achieved The Commission published a Communication on "Enhancing the environment for professional ethics" within the Commission on 5 March 2008
Proposal introducing Commission 2009 Not relevant anymore ·
certain obligations on certain categories of officials with regard to reporting bribery as well
222 Council conclusions based on the Council document 15569/08. 223 Achieved in 2007. 224
225 SEC(2008) 301 . Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body
as the disclosure of assets and business interests
Achieved
Initiatives to promote use of financial investigation as a Commission 2005-2007
law enforcement A Financial Investigation Steering Group was created on the initiative of the Commission and Europol to implement a European training programme dedicated to financial investigations. The fifth Round of mutual Evaluations, conducted in the framework of the MDG Council working group, will deal with EU Member states financial investigation capacity. technique and to establish common minimum training standards
Common set of training standards Commission 2005 Delayed ·
in financial
investigation skills Training standards will be developed by external project partners in 2009, with financial support from the Commission. The publication of two handbooks on financial investigation skills is foreseen for 2010. Recommendation for a Commission 2006 Delayed ·
Memorandum of
Understanding regarding A preparatory study is being finalised. The final report's conclusions and recommendations will be presented to and discussed with Financial Intelligence Units and experts from the private sector in 2009. The need for a Memorandum of Understanding will be further discussed, possibly within the informal EU Financial Intelligence Units Platform. The European platform for reporting criminal acts committed on Internet will also become additional tool for submitting suspicious transaction reports. It is scheduled to become operational in June 2010. feedback from financial intelligence
units to
reporting bodies on suspicious transaction reports
Error! Unknown document property name.
-
-71 -
Action under the Action Competent Deadline State of play Plan body
Recommendation and/or Commission 2006 Not relevant anymore ·
proposal to enhance
transparency of legal Following careful analysis, the Commission decided that it was no longer feasible to purse this action. entities to reduce vulnerability to infiltration by organised crime
Achieved
Promotion of the Commission Continuous establishment of criminal asset intelligence units in EU Member States /Council
Council Decision 2007/845/JHA concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime, was adopted on 6 December 2007
continuously promotes the establishment of such offices by regularly co-financing the activities of the CARIN Network
227
(under ISEC). A high level pan-European conference
funded under ISEC on establishing Asset Recovery Offices in the EU Member States took place in March 2008
228
. The Commission Communication on the proceeds of
organised crime, adopted on 20 November 2008
confiscation and asset recovery, including the exchange of information and cooperation between national asset recovery offices.
Examination of standards for Commission 2008 Not relevant anymore ·
the return of
The Commission Communication on the proceeds of organised crime (see 3.3.r) covers
226 OJ L 332, 18.12.2007, p. 103.
227 CARIN includes experts from 52 countries, including 26 EU Member States. Its objectives are the exchange of best practices and the improvement of inter-agency cooperation in cross-border matters. Its Secretariat is held by Europol. 228 Organised by Europol, the Austrian and Belgian governments. 229 COM(2008) 766 final. Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body
confiscated or forfeited assets as compensation or restitution to identifiable victims the subject.
of crime or charitable organisations
Achieved 230
Adoption of a framework decision on participation in a criminal organisation Commission 2006 On the basis of the 2005 proposal on the fight against organised crime
Framework Decision 2008/841/JHA was adopted on 24 October 2008
Legislative package on the fight against counterfeiting Commission 2005 Achieved /Council/
Parliament A proposal for a Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights and a proposal for a Framework Decision to strengthen the criminal law framework to combat intellectual property offences were presented by the Commission on 12 July 2005 233
. The proposals have not been adopted by the Council and
the Framework Decision will be withdrawn by the Commission. The Commission presented an amended proposal on 26 April 2006
the Court of 13 September 2005 (Case C-176/03).The proposal received a favourable opinion of the EP in 2007 and is still being discussed in Council. Following a European
230 Adopted in 2008.
231 COM(2005) 6 final.
232 OJ L 300, 11.11.2008, p. 42. 233 COM(2005) 276 final. 234 COM(2006) 168 final. Error! Unknown document property name.
-
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Action under the Action Competent Deadline State of play Plan body
Court judgement in a related case, the present proposal needs to be reformatted.
Communication on Commission 2005 Achieved trafficking in human beings
The Communication "Fighting against trafficking in human beings an integrated approach and proposals for an action plan"
235
, adopted on 18 October 2005, laid down the
basis for the Council EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings, published on 1 December 2005
October 2008, the Commission adopted the Commission Working Document "Evaluation and monitoring of the implementation of the EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings"
Achieved 238
Review and, where Commission 2006 appropriate further
development of present On 2 May 2006, the Commission adopted the implementation report concerning the legislation on trafficking in human beings, for example in Council Framework Decision 2002/629/JHA on combating trafficking in human beings 239
. A proposal for a new Framework Decision on preventing and combating
order to facilitate trafficking in human beings, and protecting victims, repealing the Framework Decision 2002/629/JHA, was adopted by the Commission on 24 March 2009 public-private cooperation, EU-wide coordination and the involvement of Europol
decision regarding setting up a new Group of Experts on trafficking human beings was adopted on 17 October 2007
241
(the Commission Decision 2008/604/EC on the
appointment of members of the Group of Experts was adopted on 22 July 2008
235 COM(2005) 514 final.
236 OJ C 311, 9.12.2005, p. 1. 237 COM(2008) 657 final. 238 Achieved in 2007.
239 COM(2006) 187 final. 240 COM(2009) 136 final. Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body
Achieved 243
Review and, if necessary, further development of the legal Commission 2006 244
framework In the Communication on organ donation , the Commission took the commitment to
preventing and combating trafficking monitor the situation of organ trafficking. For this purpose, a study on the assessment of different types of trafficking, including organ trafficking has been launched and the final report will be available mid 2009. The proposal for a revised framework decision on trafficking in human beings contains provisions to address trafficking in organs. in human organs, tissues and cells
Achieved
Review and, if necessary, strengthening of present legislation on confiscation of criminal assets Commission 2008
The Council Decision 2007/845/JHA concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime was adopted on 6 December 2007
2007, the Commission issued a first report reviewing Member State implementation of Framework Decision 2005/212/JHA on confiscation of crime related proceeds, instrumentalities and property
246
. The Commission published in December 2008 a study
analysing Member States' practices in confiscation, focusing in particular on what has proven to be effective at national level with a view to promote and exchange best practice
247
.
241 OJ L 277, 20.10.2007, p. 29. 242 OJ L 194, 23.7.2008, p. 12. 243 Achieved in 2007.
244 COM(2007) 275 final.
245 OJ L 332, 18.12.2007, p. 103. 246 COM(2007) 805 final.
247 Matrix, "Assessing the effectiveness of EU Member States' practices in the identification, tracing, freezing and confiscation of criminal assets", not yet published. Error! Unknown document property name.
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Action under the Action Competent Deadline State of play Plan body Achieved
Comparative study to Commission 2005 evaluate the need for 248
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
On the basis of the study, proposal for legislation in criminal matters, in the field of organised crime related to fiscal fraud or on standards Commission 2007 Not relevant anymore ·
The Commission decided that it was no longer feasible to purse this action.
and best
practices for the purpose of improving law enforcement cooperation
Proposal on identity theft and identity management measures Commission 2007 Delayed ·
A comparative study to evaluate the need for instruments to combat organised crime activities related to identity theft in the EU Member States
Only one tenderer submitted an offer, which was not considered as satisfactory. The Commission hence decided not to award any contract. A new tender procedure may be
248 Tender No JAI/D2004/04.
249 Tender No JLS/D2/2007/05. Error! Unknown document property name.
-
-76 -
Action under the Action Competent Deadline State of play Plan body launched in 2009.
Examination of the Commission 2006 Not relevant anymore ·
initiative on combating fraud in public tenders
Study and research on the need Commission 2008 Delayed ·
for further
approximation of The study on racketeering and extortion was launched in 2008 results expected by the end of 2009. legislation, e.g. in the fields of illicit arms trafficking, racketeering and extortion
Achieved 250
Second report based on Article 6 of the Council Framework Decision of 26 June 2001 on money laundering, Commission 2005 251
The report was adopted on 21 February 2006 . the
identification, tracing,
freezing, seizing and confiscation of instrumentalities and the proceeds of crime
250 Achieved in 2006.
251 COM(2006) 72 final. Error! Unknown document property name.
-
-77 -
Action under the Action Competent Deadline State of play Plan body Commission
Achieved 252
Second report based on Article 14 of the Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash 2005 /Council
253
The report was adopted on 20 February 2006 . means of payment
Achieved 254
Implementation report Commission 2005 framework Decision /Council
"Private sector corruption" The report from based on Article 9 of the Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector was adopted on 18 June 2007 255
.
Report on the Commission 2005 Delayed ·
implementation of the
The report was not published following the annulment of the Framework Decision by the European Court of Justice on 13 September 2005 (case C-176/03). The Commission presented a new proposal for a Directive on the protection of the environment through criminal law on 9 February 2007
framework Decision of 27 January 2003 on protection of the environment through criminal law
257
, and the Directive 2008/99/EC was adopted on 19
256
258
November 2008 .
252 Achieved in 2006.
253 COM(2006) 65 final. 254 Achieved in 2007.
255 COM(2007) 328 final.
256 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. 257 COM(2007) 51 final.
258 OJ L 328, 6.12.2008, p. 28. Error! Unknown document property name.
-
-78 -
Action under the Action Competent Deadline State of play Plan body Achieved
Report on the Commission 2007 implementation of the 259
framework Decision on Confiscation The report was published on 17 December 2007 of Crime-
Related Proceeds,
Instrumentalities and Properties
Achieved
Evaluation regarding Council 2007 Member States'
implementation of customs cooperation The evaluation report was adopted by the Customs cooperation working party and presented to Art 36 committee and Council 260
(Naples II . The Commission was active part of the
Convention) including the ratification status evaluation. The project has been granted ISEC funding.
Evaluation regarding Council 2009 Ongoing ·
Member States' anti-
corruption policies The Commission ordered a study into the links between organised crime and corruption in 2008. Results are expected in 2009.
Evaluation regarding Council 2010 Ongoing ·
measures to combat
financial crime The fifth round of mutual evaluations organised by the Council's Multidisciplinary Group on Organised Crime will cover Member States capacity to combat financial crime and to run financial investigations. Evaluation missions will take place in the course of 2009 and
259 COM(2007) 805 final.
260 Council document 8282/3/08 rev 3. Error! Unknown document property name.
-
-79 -
Action under the Action Competent Deadline State of play Plan body 2010.
Achieved
Implementation and Council 2004-2006 evaluation of the work programme
concerning The report to the Council on implementation of the Action Plan for the strategy for customs cooperation in the Third Pillar (2004-2006) 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
Communication on the Commission 2007 Not relevant anymore ·
fight against illicit crossborder
trafficking in Following careful analysis, the Commission decided that it was no longer feasible to purse this action. restricted or prohibited goods
Achieved 262
Proposal on the Commission To enter development of Europol and on the role of the into force
no later than At the end of 2006, the Commission presented a new proposal for a Council Decision to replace the Europol Convention 263
. In April 2008 Member States reached a political
261 Council document 5674/07. 262 Partially.
263 COM(2006) 817 final. Error! Unknown document property name.
-
-80 -
Action under the Action Competent Deadline State of play Plan body th
European Parliament and national parliaments in the scrutiny 1 January agreement, and adoption followed on 6 April 2009
2008 European Parliament in the scrutiny of Europol's activities, the Community funding of Europol, as established in the future Council Decision on Europol, should reinforce it, the Parliament being one branch of the budgetary authority. Furthermore, according to the Lisbon Treaty, "the European Parliament and the Council, by means of regulations (...) shall lay down the procedures for scrutiny of Europol's activities by the European Parliament, together with National Parliaments". of Europol's activities
Achieved
Follow-up to the Commission 2005 Communication and
proposal on improvement of 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 law-enforcement
cooperation in particular at the internal borders between Member States
265
.
Communication and Commission 2005 Not relevant anymore ·
proposal for a Directive on improved transport safety and
Please refer to 4.2 (d).
increased security
through the creation of an area of police and judicial
264 Not yet published on the Official Journal. 265 COM(2005) 317 final. Error! Unknown document property name.
-
-81 -
Action under the Action Competent Deadline State of play Plan body cooperation on the transEuropean
transport
networks
Achieved 266
Updating of the Sirene manual Commission 2005 The Commission adopted the decision 2006/758/EC on amending the SIRENE Manual on 22 September 2006
267
.
Further work with respect to police standards (police ethics, Commission 2008 Delayed
·
monitoring programmes)
Definition of quality Commission 2008 Delayed ·
standards of forensic
laboratories The Commission tendered a study in 2007 to identify obstacles in the field of forensic science. The final study lists 36 recommendations. Recommendations 8, 12, 13 et al. focus on enhancing the quality of forensic testing and results, inter alia by accreditation of laboratories against ISO 17025. Adoption of a proposal aimed at amending the decision Commission 2005 Achieved establishing Following the Commission's proposal of 1 October 2004
266 Achieved in 2006.
267 OJ L 317, 16.11.2006, p. 41. Error! Unknown document property name.
-
-82 -
Action under the Action Competent Deadline State of play Plan body
CEPOL (European Police College) as a body of the Union decision 2005/681/JHA establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA on 20 September 2005 269
Evaluation of CEPOL Commission 2006 Postponed ·
(2006) and, if appropriate, further development
According to the new Council Decision 2005/681/JHA establishing the European Police College (CEPOL) amending the original Council 2000/820/JHA, an independent evaluation of CEPOL must be carried out within 5 years of the taking effect of that decision (1
st
January 2006).
Development of a common methodology and setting up of short-duration joint customs Council Continuous Ongoing ·
Discussions on possible actions in this field have been discussed in 2006 and 2007 within the Council Customs Cooperation Working Party and the Police Cooperation Working Party. A common methodology has not been et up so far even if discussions are ongoing at joint meetings of the two Parties. Joint operations with the involvement of customs and police have taken place (for instance, the operation "Diligence on Firearms" in 2008).
and police
operations and/or multidisciplinary joint teams
Elaboration of minimum standards for the crossborder use of investigation techniques Commission 2006 Not relevant anymore ·
An expert meeting to examine this question was organised in November 2005. The Commission has supported a German initiative regarding cross-border investigations. Discussions in Council working groups have taken place with a view to making
268 COM(2004) 623 final.
269 OJ L 256, 1.10.2005, p. 63. Error! Unknown document property name.
-
-83 -
Action under the Action Competent Deadline State of play Plan body th
investigation techniques the subject of the 5 round of mutual evaluations.
Best practice guide for the promotion and expansion of the use of special forms of cooperation for customs administrations as provided by Commission 2008 Delayed ·
A specific action is included in the action plan implementing the Customs strategy thirst pillar for the period 1.7.2008- 31.12.2009.
the Naples II Convention
Achieved 270
Improvement of European cooperation between anticorruption authorities and examination of the setting up of a network between anti-corruption authorities (including police, judicial, prosecutorial and customs) Council 2007 The Council Decision 2008/852/JHA, adopted on 24 October 2008
contact-point network against corruption, linking the operational expertise of Member States authorities and agencies to prevent and combat corruption as well as to improve coordination in the field.
270 Achieved in 2008.
271 OJ L 301, 12.11.2008, p. 38. Error! Unknown document property name.
-
-84 -
Action under the Action Competent Deadline State of play Plan body
Achieved 272
Definition of a policy on the relationship between Europol and Eurojust Council No later ·
than 2008
A revised Cooperation Agreement between Eurojust and Europol has been approved by the Council in June 2009, replacing the old 2004 agreement. This agreement establishes and reinforces the close cooperation between the two bodies in order to increase their effectiveness in combating serious forms of international crime which fall in the respective competence, and to avoid duplication of work. In particular, this will be achieved through the exchange of operational, strategic, and technical information, as well as the coordination of activities.
Council Delayed
Definition of the role of the security committee (COSI) No later ·
than 1
November There is no legal basis under the current Treaties related to this action. 2006
Achieved
Review and, where Council Continuous appropriate, further
development of the The Commission launched a pilot phase in 2008 concerning the FIDE (Fichier d'identification des dossiers des enquêtes douanières) system. The FIDE is now operational since 15 September 2008. customs IT systems
Achieved 273
Implement the conclusions of the Council of 19 November 2004 related to the fight against organised crime Council
The work to strengthen law enforcement cooperation in Western Balkans, with SECI as an important tool, is continuing. The new SECI Convention, which will enable to SECI to cooperate closer with Europol, is being finalised. SECI is meant to coordinate a Common
in the Western
272 Achieved in 2009.
273 Partially implemented. Error! Unknown document property name.
-
-85 -
Action under the Action Competent Deadline State of play Plan body
Balkans Threat Assessment on Organised Crime for South-East Europe. Moreover, Albania, Bosnia-Herzegovina, FYORM, Montenegro and Serbia have ratified the UN Convention on Transnational Organised Crime of 2003 (UNTOC), the UNTOC Protocol on Trafficking in human beings 274
, the UNTOC Protocol on Migrants
276
Protocol on Firearms and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and Terrorism of 2005 and the Council of Europe
Action against THB (for this last two instruments, as of 10.12.2008, FYROM and Serbia has signed but not ratified them yet).
Achieved
Integrated EU crisis Commission To be management arrangements implemente
d by 1 July The EU emergency and crisis co-ordination arrangements (EU-CCA) were adopted by the Council on 1 June 2006. While the EU emergency and crisis co-ordination arrangements set out how the EU institutions and affected Member States should interact in Brussels in a crisis mode, the integrated EU arrangement for crisis management with cross border effects (EU-ICMA) can be understood as the practical, operational arrangements to implement EU-CCA and to facilitate co-operation between Member States. These crisis co-ordination arrangements would provide a generic arrangement applicable for all types of crises, such as natural disasters, industrial accidents, or a flu pandemic, as well as terrorist attacks. 2006
274 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime .
276 Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime .
Error! Unknown document property name.
-
-86 -
Action under the Action Competent Deadline State of play Plan body Achieved
Commission decision Commission 2005 creating a secure general rapid
alert system
The Commission adopted on 20 October 2004 a communication
(ARGUS) and a
secure general rapid alert system (ARGUS) to be created within the Commission to link all specialised systems for emergencies that require action at European level. ARGUS provides a network which will respect the specific characteristics, competences and expertise of the individual and specialised alert systems which will continue to carry out their current functions. The Communication "Commission provisions on "ARGUS" general rapid alert system" was adopted on 23 December 2005
Commission Crisis Centre to coordinate existing alert systems
Further on, the Commission adopted a decision creating ARGUS, whereby all Commission services are connected via an IT tool the ARGUS hub which allows them to communicate and respond in situations of crisis. Clear procedures are set forth as to who has to trigger what and communicate with whom in a situation of crisis. Following the adoption of the Communication on Reinforcing the Union's Disaster Response Capacity
279
, the Commission is strengthening and creating synergies between existing
instruments and capacities in the different Commission services responsible for crisis management. Following the adoption of the Communication on Reinforcing the Union's Disaster Response Capacity
280
, the Commission is strengthening and creating synergies
277 COM(2004) 698 final. 278 COM(2005) 662 final. 279 COM(2008) 130 final. 280 COM(2008) 130 final. Error! Unknown document property name.
-
-87 -
Action under the Action Competent Deadline State of play Plan body between existing instruments.
Achieved 281
Proposal creating a Commission 2005 critical infrastructure
warning information The Commission proposal on a Critical Infrastructure Warning Information Network (CIWIN) was adopted by the Commission on 27 October 2008 network (CIWI )
Achieved
Plan on the protection of critical infrastructures Commission 2005 The Green Paper on a European Programme for Critical Infrastructure Protection (EPCIP) was adopted on 17 November 2005
283
. The Communication on a European Programme
for Critical Infrastructure Protection (EPCIP) was presented on 12 December 2006
The Council Directive on the identification and designation of European Critical Infrastructures and the assessment of the need to improve their protection was adopted on 8 December 2008
285
.
Achieved 286
Strengthening and Commission 2005 professionalising of the prevention
of crime, Throughout 2006 the Commission has worked to: including through the
281 Achieved in 2008.
282 COM(2008) 676 final.
283 COM(2005) 576 final. 284 COM(2006) 786 final.
285 OJ L 345, 23.12.2008, p.75. 286 Achieved in 2006. Error! Unknown document property name.
-
-88 -
Action under the Action Competent Deadline State of play Plan body
European Crime - establish cooperation and consultation modalities with other networks dealing with crime prevention matters; - help to increase the role of the EUCPN with regards to European general crime trends and statistics; - assist with the creation subgroups also at local level for the elaboration and dissemination of crime prevention best practices; - co-ordinate promotion of a European mechanism for the evaluation of national crime prevention strategies; and - enhance co-operation with EUCPN on different crime prevention issues. Prevention Network
Achieved 287
Establishment of European instruments for collecting, analysing and comparing information on crime and victimisation Commission
Since the establishment of the expert group on policy needs of data on crime and criminal justice in 2007, there has been considerable activity namely to develop indicators in the areas of money-laundering, human trafficking, and effectiveness of criminal justice systems. The preliminary collection of data based on identified money-laundering was initiated 2008, with additional work to continue throughout 2009.
and their
respective trends in Member States, using national statistics and other sources of information as agreed indicators
The Commission has pursued the development of crime and criminal justice survey instruments and methodologies. Projects ongoing in this area include: the development of an EU crime victimisation survey; the development of a commercial crime survey; the development of a survey on the efficiency of criminal justice; the development of a methodology to estimate the cost of crime; the development of indicators on the confidence in justice; the fostering of closer links between Justice and Home Affairs administrations and the research community.
287 Partially achieved as works are still ongoing. Error! Unknown document property name.
-
-89 -
Action under the Action Competent Deadline State of play Plan body Achieved
Proposal for a decision establishing Commission 2005 a specific 288
programme on judicial The proposal was adopted on 6 April 2005 . The Decision 1149/2007/EC establishing cooperation in civil and commercial matters for the period 2007-2013 the Specific Programme `Civil Justice' as part of the General Programme `Fundamental Rights and Justice' was adopted on 25 September 2007 Achieved
Proposal for a decision establishing Commission 2005 a specific 290
programme on judicial The proposal was adopted on 6 April 2005
cooperation in criminal matters establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme `Criminal Justice' was adopted on 12 February 2007 291
.
Systematic, objective and impartial evaluation of the implementation of the EU policies in the field of Commission 2006 Delayed ·
A systematic evaluation of the implementation of the EU policies in the field of justice is still not in place; however, several sector-based evaluations have already been carried out.
288 COM(2005) 122 final.
289 OJ L 257, 3.10.2007, p. 16. 290 COM(2005) 122 final.
291 OJ L 58, 24.2.2007, p. 13. Error! Unknown document property name.
-
-90 -
Action under the Action Competent Deadline State of play Plan body
justice with a view to reinforcing mutual trust while fully respecting the independence Moreover, a Commission Communication on the creation of a Forum for discussing EU justice policies and practice has been adopted on 4 February 2008
gather together practitioners, academics and representatives of justice administrations to provide the Commission with feedback and input for the evaluation mechanism. On the basis of a Dutch initiative, the Commission organised in February a workshop in order to discuss the future establishment of a rule-of-law assessment system.
of the judiciary
Achieved 293
Communication from the Commission on judicial training in EU (2005), development on the basis of the pilot project for the exchange of magistrates (2005) Commission 2005 The Communication on judicial training was adopted on 29 June 2006
Decision on the preparatory action to implement the exchange programme for judicial authorities was adopted on 11 July 2006. Exchanges started in 2007 and involved 400 judges and prosecutors. As of 2008, Eurojust and the Court of Justice also participated in the exchanges.
and of the preparatory action (2006)
Creation, from the existing structures, of an effective European training network for judicial authorities for both civil and criminal matters Member 2007 Achieved States
The European Judicial Training Network (EJTN) was set up in 2002 on the basis of an existing informal agreement and was formally established in 2006
geared towards training of judges and public prosecutors.
In 2008, a Resolution of the Council and of the Representatives of the Governments of
292 COM(2008) 38 final. 293 Achieved in 2006.
294 COM(2006) 356 final. 295 COM(2006) 356 final. Error! Unknown document property name.
-
-91 -
Action under the Action Competent Deadline State of play Plan body
the Member States meeting within the Council on the training of judges, prosecutors and judicial staff in the European Union was adopted in Council
presented in July 2008 by the French Presidency underlines the importance of training of judges and public prosecutors and asks the Member States to support it actively.
The Commission supports training activities at European level through the civil and criminal justice financial programmes. These activities are set up either by European organisations of legal professionals (notaries, lawyers, judges, etc.) or by European organisations dedicated to judicial training such as ERA (Academy of European Law) or EJTN. Some projects regarding training of judges on specific aspects of the European legislation can also be found in other financial programmes.
Achieved
EU workshops to promote cooperation Commission 2006 between
members of the legal professions with a view to establishing best practices The workshops are organised on a regular basis by ERA and the EJTN. Furthermore, thematic meetings of the Justice Forum facilitate the exchange of best practices among representatives of the organisations gathering legal professionals from the EU Member States. Best practices are also promoted by the Crystal Scales of Justice prize awarded on a biannual basis by the Commission and the Council of Europe. 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
296 Council document 14667/08, p. 22. Error! Unknown document property name.
-
-92 -
Action under the Action Competent Deadline State of play Plan body
reinforcement of mutual trust and the strengthening of mutual trust between Member States was adopted on 19 May 2005 297
between Member . States
Achieved
White Paper on exchanges of Commission 2005 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 White Paper was discussed at the JHA Council meeting on 14 April 2005, which defined the way forward in this area.
Achieved
Proposal on taking into account of convictions in the Member States of the European Union in the course of new criminal proceedings Commission 2005 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
299
300
2008/675/JHA was adopted on 24 July 2008 . Achieved
Proposal on the Commission 2005 transmission to, and
keeping by, the Member The Commission presented the proposal for a Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records
297 COM(2005) 195 final. 298 COM(2005) 10 final. 299 COM(2005) 91 final.
300 OJ L 220, 15.8.2008, p. 32. 301 COM(2005) 690 final. Error! Unknown document property name.
-
-93 -
Action under the Action Competent Deadline State of play Plan body
State of nationality of information on criminal convictions between Member States on 22 December 2005
2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States was adopted on of 26 February 2009
Communication on the Commission 2005 Delayed ·
creation of an index of non-EU
nationals On 4 July 2006, the Commission adopted a Working Document on the feasibility of an index of third-country nationals convicted in the European Union convicted in an EU
Member State orientation debate held in March 2008 at the Council, the Commission will further examine the practical aspects of such an index, including the types of data it should contain and the related cost implications. A study was launched in March 2009 on this subject and the results will inform a legislative proposal. Achieved
Initiative on the European Enforcement Order and the transfer Member 2005 States
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 submitted on 19 January 2005 persons between Member States of the EU
302 OJ L 93, 7.4.2009 , p. 23. 303 COM(2006) 359 final.
304 OJ C 150, 21.6.2005, p.1.
305 OJ L 327, 5.12.2008, p. 27. Error! Unknown document property name.
-
-94 -
Action under the Action Competent Deadline State of play Plan body
Framework Decision 2008/909/JHA was adopted on 27 November 2008
Achieved 306
Proposal on mutual Commission 2005 recognition of non-
custodial pre-trial The Commission adopted the proposal on 29 August 2006 supervision measures political agreement on 27 November 2008. Achieved 308
Communication on Commission 2005 disqualification
The Commission adopted a Communication on "Disqualifications arising from criminal convictions in the European Union" on 21 February 2006
disqualification is not covered by any instrument based on the principle of mutual recognition.
Commission
Achieved 310
Reports on the 2005-2006 /Council
implementation of the
Framework Decision on the European arrest warrant and The first report on implementation by 24 Member States was adopted on 23 February 2005 311
. A revised version to include Italy was adopted on 26 January 2006
the surrender second report on the implementation of the Framework Decision was adopted on 11 July 2007 313
procedures between . Member States
306 Achieved in 2006.
307 COM(2006) 468 final. 308 Achieved in 2006.
309 COM(2006) 73 final.
310 Second report presented in 2007. 311 COM(2005) 63 final. 312 COM(2006) 8 final. Error! Unknown document property name.
-
-95 -
Action under the Action Competent Deadline State of play Plan body Achieved
Initiative on the Member 2005 recognition and States
enforcement in the Belgium presented an initiative with a view to adopting Council Framework Decision on the recognition and enforcement of prohibitions arising from convictions for sexual offences committed against children in October 2004 European Union of prohibitions arising from convictions
for sexual
The Belgian initiative was incorporated into the Framework Decision on the organisation and the content of exchange of information extracted from Criminal Records between Member States, proposed by the Commission (see point 4.2 (d)).
offences committed against children
Proposal on driving Commission 2006 Postponed
·
disqualifications
The area of driving disqualification is not yet covered by an instrument based on the principle of mutual recognition, as priority has been given to the adoption and implementation of other instruments of mutual recognition.
Achieved 316
Report on the Commission 2006 implementation of the
framework decision of 22 July 2003 on the execution in the EU of orders freezing The report based on Article 14 of the Council Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence was adopted on 25 December 2008 317
.
property or
313 COM(2007) 407 final.
314 OJ C 295, 7.12.2007, p. 18.
315 Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, OJ L 196, 2.8.2003, p. 45. Error! Unknown document property name.
-
-96 -
Action under the Action Competent Deadline State of play Plan body 315
evidence
Achieved 318
Report on the Commission 2007 implementation of the
framework decision on the application of the principle of mutual recognition to financial penalties The report from the Commission based on Article 20 of the Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties was adopted on 22 December 2008 319
.
Proposal on recognition and Commission 2007 Achieved execution of
alternative sanctions and on suspended sentences The joint Franco-German initiative with a view to adopting a Council Framework Decision on the recognition and supervision of suspended sentences, alternative sanctions and conditional sentences 320
was presented on 12 January 2007. The Framework Decision
2008/947/JHA on the recognition of judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions was adopted in November 2008
321
.
Proposal completing the European Commission 2007 Delayed ·
Evidence
Warrant The need for this measure is under review. The Commission is planning to issue a Green Paper on the matter.
316 Achieved in 2008.
317 COM(2008) 885 final. 318 Achieved in 2008.
319 COM(2008) 888 final.
320 OJ C 147, 30.6.2007, p. 1.
321 OJ L 337, 16.12.2008, p. 102. Error! Unknown document property name.
-
-97 -
Action under the Action Competent Deadline State of play Plan body
Green Paper on Conflicts of Jurisdiction and Double Jeopardy (ne bis in idem) Commission 2005 Achieved The Green Paper was adopted on 23 December 2005
Achieved 323
Green Paper on Commission 2005 presumption of innocence
The Commission adopted the Green Paper on 26 April 2006
Achieved 325
Second and third report on the implementation of the framework Commission 2005 decision of The joint second and third report was adopted on 20 April 2009 15 March 2001 on the standing of victims in criminal proceedings
Achieved 327
Third report on the Commission 2006 framework decision of 15 March
2001 on the Refer to 4.2 (c) above. standing of victims in criminal proceedings
322 COM(2005) 696 final. 323 Achieved in 2006.
324 COM(2006) 174 final. 325 Achieved in 2009.
326 COM(2009) 166 final. Error! Unknown document property name.
-
-98 -
Action under the Action Competent Deadline State of play Plan body
Proposal on conflicts of jurisdiction and the ne bis in idem principle Commission 2006 Not relevant anymore ·
This proposal has been superseded by the Czech initiative presented in January 2009 in view of the adoption of a Framework Decision
328
Green Paper on handling of evidence Commission 2006 Delayed ·
The adoption of the Green Paper is foreseen in 2009.
Green Paper on default (in absentia) judgments Commission 2006 Not relevant anymore
·
This measure has been superseded by an initiative presented in 2008 by 7 Member States with a view to adopting a Council Framework Decision on the enforcement of decisions rendered in absentia
329
.
Proposal on minimum Commission 2007 Delayed ·
standards relating to the taking of evidence with a view
The need for this measure is under review. The Commission intends to introduce in 2010 a proposal for a European Evidence Warrant II but it has not yet been decided whether it
to mutual
327 Achieved in 2009. 328
Initiative of the Czech Republic, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and of the Kingdom of Sweden for a Council Framework Decision 2009/.../JHA on prevention and settlement of conflicts of jurisdiction in criminal proceedings, OJ C 39, 18.2.2009, p. 2.
329 Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Slovak Republic, the United Kingdom and the Federal Republic of Germany with a view to adopting a Council Framework Decision 2008/.../JHA on the enforcement of decisions rendered in absentia and amending Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States, Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties, Framework Decision 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders, and Framework Decision 2008/.../JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, OJ C 52, 26.2.2008, p. 1. Error! Unknown document property name.
-
-99 -
Action under the Action Competent Deadline State of play Plan body
admissibility shall include standards relating to the taking of evidence.
Proposal on default (in absentia) judgments Commission 2007 Achieved Refer to 4.2 (g) above.
Achieved
Follow-up to the Green Paper Commission 2008 on the
approximation of criminal sanctions On the basis of the joint Austrian-Finnish-Swedish initiative, the Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union was adopted on 27 November 2008 and, where
appropriate, legislative proposal
330
.
The joint Franco-German initiative with a view to adopting a Council Framework Decision on the recognition and supervision of suspended sentences, alternative sanctions and conditional sentences
331
was presented on 12 January 2007 and formally adopted on
27 November 2008.
Analysis of minimum Commission 2007 Postponed 2008 ·
standards in pre-trial
detention procedures and the routines for regular review of the grounds for detention A study has been launched on the matter. Results will be ready in 2009.
330 OJ L 327, 5.12.2008, p. 27. 331 OJ C 147, 30.6.2007, p. 1. Error! Unknown document property name.
-
-100 -
Action under the Action Competent Deadline State of play Plan body
Recommendation on Commission 2006 Delayed ·
minimum standards for capturing and exchanging electronic evidence
The need for this measure is under review.
Proposal on the wilful destruction of documentary evidence Commission 2007 Delayed ·
The need for this measure is under review.
Proposal on the protection of Commission 2007 Not relevant anymore ·
witnesses and
collaborators with justice On the basis of the results of an impact assessment carried out in 2007
the protection of witnesses and collaborators with justice was not tabled, since it was considered that at present it is not advisable to proceed with legislation at EU level.
Achieved
Initiative to facilitate the prosecution of road traffic offences Commission 2005 /Council
On 19 March 2008, the Commission adopted a proposal
333
border enforcement in the field of road safety .
Evaluation of the Commission 2009 Delayed ·
efficiency of specialised judicial bodies for dealing
332 COM(2007) 693 final. 333 COM(2008) 151 final. Error! Unknown document property name.
-
-101 -
Action under the Action Competent Deadline State of play Plan body
with the investigation of cases linked to organised crime
Achieved
Further development of the European Judicial Network in criminal matters Commission Ongoing On the basis of the initiative for a Council Decision on the European Judicial Network presented by 14 Member States in January 2008
335
was adopted on 16 December 2008 . Achieved 336
Second report on the legal transposition Commission 2005 of the
Council Decision of 28 February 2002 setting up Eurojust The report was included in the Communication on the future of Eurojust adopted on 23 October 2007 337
.
Achieved 338
Proposal on Eurojust in accordance with Article III -- 273 Commission To enter ·
into force
no later than 1 This proposal has been superseded by a Member States' initiative January adoption of the new Eurojust Decision by the Council on 16 December 2008
334 Initiative of the Republic of Slovenia, the French Republic, the Czech Republic, the Kingdom of Sweden, the Kingdom of Spain, the Kingdom of Belgium, the Republic of Poland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Slovak Republic, the Republic of Estonia, the Republic of Austria and the Portuguese Republic, with a view to adopting a Council Decision of ... on the European Judicial Network, OJ C 54, 27.2.2008, p. 14. 335 OJ L 348, 24.12.2008, p. 130. 336 Achieved in 2007.
337 COM(2007) 644 final. Error! Unknown document property name.
-
-102 -
Action under the Action Competent Deadline State of play Plan body 2008
Achieved
Active involvement of the activities of the Council of Europe Commission 2005-2009 /Council
and other Commission and Council representatives regularly attend meetings organised by international bodies in this area. international organisations and forums (G8, UN, OECD, OSCE, FATF) in criminal matters
Examination of the case for agreements between the EU and third countries on extradition Commission 2005-2009 Ongoing · /Council
An agreement is being discussed with Liechtenstein.
Examination of the case for agreements between the EU and third countries on mutual legal assistance Commission 2005-2009 Ongoing ·
/Council
Discussions are under way with various countries. An agreement is on the verge of being concluded with Norway and Iceland.
338 Achieved in 2009.
339 Initiative of the Kingdom of Belgium, the Czech Republic, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden with a view to adopting a Council Decision of ... on the strengthening of Eurojust and amending Decision 2002/187/JHA, OJ C 54, 27.2.2008, p. 4. 340 Not yet published on the Official Journal. Error! Unknown document property name.
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-103 -
Action under the Action Competent Deadline State of play Plan body
Achieved 341
Proposal on the conclusion and on the signature of the Council Commission 2005/2006 ·
/Council
of Europe The proposal was adopted by the Council in December 2008. Convention against money laundering and terrorist financing
(Warsaw
Convention) on behalf of the EC
Inclusion of provisions on counter-terrorist assistance in proposed revision of existing Commission 2006 Achieved
In March, 2004 the European Council asked the Commission "to mainstream counterterrorism objectives into external assistance programmes." The Commission has been working with country and regional desks in order to introduce counter-terrorism objectives into country and regional strategy papers and action plans. The result has so far been mixed: the number of occurrences of Counter-Terrorism related objectives in such texts has increased but its presence is not yet systematic
instruments
governing external assistance
Achieved
Proposal on conclusion of the Commission 2006 United Nations
Convention against The proposal for a Council Decision on the conclusion, on behalf of the European Community, of the United Nations Convention against Corruption was presented on 2 February 2006 Corruption on behalf of the EC
342
. The Council Decision 2008/801/EC was adopted on of 25 September
343
2008 .
341 Achieved in 2008.
342 COM(2006) 82 final.
343 OJ L 287, 29.10.2008, p. 1. Error! Unknown document property name.
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-104 -
Action under the Action Competent Deadline State of play Plan body
Proposal on conclusion of the Commission 2007 Delayed ·
United Nations
Protocol against the illicit manufacturing This action needs to await the implementation of relevant EC legislation, notably the Directive 91/477 and the Regulation on an export/import licensing system. of the
trafficking in firearms, their parts and components, and ammunition on behalf of the EC
Green Paper on succession Commission 2005 Achieved The Commission adopted the Green Paper on 1 March 2005
concluded on 30 September 2005 (more than 60 answers were received).
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
60 answers.
Achieved
Proposal on conflicts of laws regarding contractual Commission 2005 The Commission presented a proposal for a regulation on the law applicable to
344 COM(2005) 65 final. 345 COM(2005) 82 final. Error! Unknown document property name.
-
-105 -
Action under the Action Competent Deadline State of play Plan body
obligations (Rome I) contractual obligations (Rome I) on 15 December 2005 347
No 593/2008 was adopted on 17 June 2008 .
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
348
. The Regulation (EC) No 861/2007 was adopted
349
on 11 July 2007 . Achieved
Proposals on maintenance obligations Commission 2005
The Commission presented a proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations on 15 December 2005
(EC) No 4/2009 was adopted on 18 December 2008
Achieved 352
Adoption of the Rome II proposal on conflicts of laws Council/Eur 2006 opean
regarding non- Parliament Regulation (EC) N° 864/2007 on the law applicable to non-contractual obligations (Rome II) was adopted on 11 July 2007 353
contractual obligations .
346
347 OJ L 177, 4.7.2008, p. 6. 348 COM(2005) 87 final.
349 OJ L 199, 31.7.2007, p. 1. 350 COM(2005) 649 final.
351 OJ L 7, 10.1.2009, p. 1. 352 Achieved in 2007.
353 OJ L 199, 31.7.2007, p. 40. Error! Unknown document property name.
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-106 -
Action under the Action Competent Deadline State of play Plan body Achieved
Adoption of a regulation establishing a European payment order procedure Council/Eur 2006 opean
Parliament Regulation (EC) N° 1896/2006 creating a European order for payment procedure was adopted on 12.12.2006 354
.
Achieved 355
Adoption of a directive on certain Council/Eur 2006 aspects of opean
mediation in civil and commercial matters Parliament Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters was adopted on 21 May 2008 356
.
Green Paper on the conflict of Commission 2006 Achieved laws in matters 357
concerning matrimonial The Green Paper was adopted on 17 July 2006 property regimes, including the question of jurisdiction & mutual recognition
Achieved 358
Green Paper(s) on the effective enforcement of judicial decisions Commission 2006 to 2007
On 24 October 2006, the Commission adopted a Green Paper on Improving the efficiency of the enforcement of judgements in the European Union: the attachment of bank accounts
359
. The second Green Paper "effective enforcement of judgments in the
European Union: the transparency of debtors' assets" was adopted on the 6 March
354 OJ L 399, 30.12.2006, p. 1. 355 Achieved in 2008.
356 OJ L 136, 24.5.2008, p. 3. 357 COM(2006) 400 final. Error! Unknown document property name.
-
-107 -
Action under the Action Competent Deadline State of play Plan body 360
2008 .
Green Paper on minimum standards Commission 2008 Delayed ·
for certain
aspects of procedural law The need for this measure is under review. The Commission will launch a study to define the needs as regards minimum standards for certain aspects of procedural law in more detail in 2009. Evaluation of the Commission 2006 to Ongoing possibility of completing the abolition of exequatur (2006 2010
After the publication of the preparatory study on the report on the application of the Brussels I Regulation in September 2007
361
to 2010), and , a report
legislative proposals if review of the Regulation were adopted in 2009. A proposal for the revision of the Brussels I regulation is expected to be presented in 2010. appropriate
Proposal for amending Commission 2005 Achieved Regulation (EC) o
1348/2000 on the service in the Member States of judicial and extrajudicial The Commission presented a proposal for a Regulation amending the Council Regulation (EC) No 1348/2000 on 11 July 2005 364
. The Regulation (EC) No 1393/2007 on the
service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC)
358
The second Green Paper on the effective enforcement of judicial decisions was delayed to 2008. 359 COM(2006) 618 final. 360 COM(2008) 128 final.
361 http://ec.europa.eu/justice_home/doc_centre/civil/studies/doc/study_application_brussels_1_en.pdf. 362 COM(2009) 174 final. 363 COM(2009) 175 final
364 COM(2005) 305 final.
365 OJ L 324, 10.12.2007, p. 79. Error! Unknown document property name.
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-108 -
Action under the Action Competent Deadline State of play Plan body
documents in civil or commercial matters No 1348/2000, was adopted on 13 November 2007 Achieved 366
Report on the functioning of the European Judicial Network (EJN) in civil and commercial matters and amendment proposal, if appropriate Commission 2005/2006 The report on the functioning of the EJN was adopted on 16 May 2006
report, the Commission presented a proposal for a Decision amending Council Decision 2001/470/EC establishing a European Judicial Network in civil and commercial matters on 23 June 2008
368
.
Continued development of the Commission Continuous Achieved European Judicial
Network in civil matters and of the databases on case-law Meetings of the EJN takes place regularly. The Internet site is updated continuously. A database on the Brussels I and Brussels II Regulations has been put on line in February 2008. relating to European instruments
Achieved
Constant updating and Commission Continuous improvement of the
European Judicial Atlas New contract for maintenance of the Atlas was signed in 2008. The website is updated continuously.
366 Achieved in 2007.
367 COM(2006) 203 final. 368 COM(2008) 380 final. Error! Unknown document property name.
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-109 -
Action under the Action Competent Deadline State of play Plan body
EU support for networks of judicial organisations and institutions Commission Continuous Ongoing ·
Contacts and collaboration are being maintained with different networks (European Training Network, Network of Presidents of the Supreme Courts, International Conference of Civil Status, European Union of Rechtspfleger). Furthermore, contacts with organisations involved in designing justice policies and evaluating them are assured involvement via the thematic meetings of the Justice Forum.
Achieved 369
EU workshops to promote cooperation Commission 2006 between
members of the legal professions with a view to identifying best practice The late adoption of the financial programme Civil Justice and of the relevant Work Programme has prevented the Commission from organizing these workshops. However, thematic meetings of the Justice Forum facilitate the exchange of best practices among representatives of the organisations gathering legal professionals from the EU Member States. Best practices are also promoted by the Crystal Scales of Justice prize awarded on a biannual basis by the Commission and the Council of Europe. Commission /Council of Europe
Achieved
Annual European day of civil justice Continuous
In 2003 the European Commission and the Council of Europe launched the "European Civil Justice Day", held on 25 October each year, to bring civil justice truly within the reach of European citizens. It is an opportunity for citizens to familiarise themselves with civil justice, thereby affording them easier access to it. The Commission participates in different events all over Europe. Furthermore, civil justice is promoted by the Crystal Scales of Justice prize.
369 Partially achieved. Error! Unknown document property name.
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-110 -
Action under the Action Competent Deadline State of play Plan body
Report on he functioning of regulation (EC) No 1206/2001 on the taking of evidence and amendment proposal, if appropriate Commission 2007 Achieved 370
The report was adopted on 5 December 2007 . Achieved
Report on the functioning of Commission 2009 at the
the Brussels I latest 371
Regulation and amendment proposal, if appropriate The report was adopted in April 2009 .
Report on the functioning of Directive 2004/80/EC relating to compensation to crime victims Commission By 2009 Achieved 372
The report was adopted in April 2009 .
Final research report Commission 2007 Achieved including a draft common frame of reference in the field of European contract
The Common Frame of Reference (CFR) work on consumer contract law issues has, together with the results of other preparatory work, served as a starting point for the
370 COM(2007) 769 final. 371 COM(2009) 174 final. 372 COM(2009) 170 final. Error! Unknown document property name.
-
-111 -
Action under the Action Competent Deadline State of play Plan body
law Green Paper on the review of the consumer acquis that the Commission adopted on 7 February 2007 373
and further for the Commission Proposal for Directive on Consumer
374
Rights adopted on 8 October 2008 .
In December 2007, the Draft CFR prepared by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group) was delivered to the Commission. On 21 January 2008, it was presented in the European Parliament. On December 2008, the researchers delivered the final version of the academic CFR to the Commission
375
.
Adoption of a common frame of reference (CFR) in the field of European contract law Commission 2009 Delayed ·
The work on the Commission CFR is currently at the stage of assessment of the results delivered by the academic research group. The Commission is committed in informal consultations with the Council and the European Parliament during 2009 before finalising the Commission CFR, envisaged to be adopted in 2010.
Achieved 376
Proposal for the conclusion of Commission 2005 a new Lugano
Convention The proposal concerning the signing of the Convention between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, and the Kingdom of Denmark on jurisdiction and the recognition and
373 OJ C 71, 15.3.2007, p. 1. 374 COM(2008) 614 final.
375 "Draft Common Frame of Reference (DCFR). Principles, Definitions and model Rules of European Private Law", April 2009. 376 Achieved in 2007. Error! Unknown document property name.
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-112 -
Action under the Action Competent Deadline State of play Plan body
enforcement of judgments in civil and commercial matters was presented by the Commission on 6 July 2007
377
.The Council Decision 2007/712/EC on the signing, on
behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters was adopted on of 15 October 2007
378
. Furthermore, on the basis of the Commission proposal of February 2008, the
Council decided to ratify the new Lugano Convention on 28 November 2008.
Achieved
Proposal for the conclusion of parallel agreements with Denmark on Brussels I and service of documents Commission 2005 The Commission presented a proposal for a decision regarding Brussels I on 15 April 2005
379
and a proposal for a decision regarding service of documents on 18 April
380
2005 .The Council Decision 2005/790/EC on the signing, on behalf of the Community,
of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters was adopted on of 20 September 2005
381
.
The Council Decision 2005/794/EC on the signing, on behalf of the Community, of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters was adopted on 20 September 2005
382
.
2005 Achieved
377 COM(2007) 387 final.
378 OJ L 339, 21.12.2007, p. 1. 379 COM(2005) 145 final. 380 COM(2005) 146 final.
381 OJ L 299, 16.11.2005, p. 61. 382 OJ L 300, 17.11.2005, p. 53. Error! Unknown document property name.
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-113 -
Action under the Action Competent Deadline State of play Plan body on the Convention on the choice of forum
Negotiations were concluded in June 2005. On 5 September 2008, the Commission presented a proposal for a Council Decision on the signing by the European Community of the Convention on Choice-of-Court Agreements
on 27 February 2009.
Accession of the 2006 Achieved Community to the Hague Conference
on private On 5 October 2006, the Council adopted the Decision 2006/719/EC on the accession of the Community to the Hague Conference on Private International Law international law
accession took place on 3 April 2007.
Achieved
Conclusion of negotiations on the Convention on maintenance obligations Commission 2007
The XXI Plenary (Diplomatic) Session of the Hague Conference on Private International Law met from the 5-22 November 2007. The main agenda points of the Conference were the finalization of the negotiations of two international instruments, the "Convention on the International Recovery of Child Support" and "Other Forms of Family Maintenance and the Protocol on the Law Applicable to Maintenance Obligations". The compromise worked out in the negotiations on both texts can be assessed as reasonable and consequently the Community can be satisfied with the results. The European Community was participating at this Diplomatic session for the first time in its capacity as a Member of the Conference.
-
-Convention on the international recovery of child support and other forms of family maintenance (concluded 23 November 2007)
383 COM(2008) 538 final.
384 OJ L 297, 26.10.2006, p. 1. Error! Unknown document property name.
-
-114 -
Action under the Action Competent Deadline State of play Plan body
-
-Protocol on the law applicable to maintenance obligations (concluded 23 November 2007)
Ratification of the 1996 Hague Commission Achieved Convention on
Jurisdiction, Applicable On the basis of the Commission proposal of 2003, the Council adopted Decision 2008/431/EC authorising certain Member States to ratify, or accede to, in the interest of the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law on 5 June 2008 Law, Recognition, Enforcement and
Cooperation in respect of Parental Responsibility and Measures for the Protection of Children
385
. This enables all the Member States to ratify the 1996 Convention.
Continuation of Commission Besides the above-mentioned conventions and agreements, various actions have been accomplished: negotiations and conclusion of international agreements
relating to 1) On 11 August 2008, the Commission presented an amended proposal for a Council Decision on the conclusion by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001 judicial cooperation in civil matters.
-
2)This was followed by the Commission proposal of 2 March 2009 for a Council Decision on the signing by the European Community of the Protocol to the Convention
385 OJ L 151, 11.6.2008, p. 36. 386 COM(2008) 508 final. Error! Unknown document property name.
-
-115 -
Action under the Action Competent Deadline State of play Plan body
on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock, adopted in Luxembourg on 23 February 2007
-
3)On 19 December 2008, the Commission proposed two Regulations establishing a procedure to authorize the Member States to conclude bilateral agreements with third States in certain areas of civil justice where exclusive external competence of the Community exists
388
.
387 COM(2009) 94 final.
388 COM(2008) 893 final and COM(2008) 894 final. Error! Unknown document property name.
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-116 -
- 10 jun '09COM(2009)263 - Justitie, vrijheid en veiligheid in Europa sedert 2005: een evaluatie van het haags programma en het actieplan
- 22 apr '09COM(2009)187 - Wijziging van Verordening (EG) nr. 881/2002 tot vaststelling van bepaalde specifieke beperkende maatregelen tegen sommige personen en entiteiten die banden hebben met Usama bin Laden, het Al Qa?ida-netwerk en de Taliban
- 21 apr '09COM(2009)174 - Toepassing van Verordening 44/2001 betreffende de rechterlijke bevoegdheid, de erkenning en de tenuitvoerlegging van beslissingen in burgerlijke en handelszaken
- 21 apr '09COM(2009)175;COM(2009)174 - Groenboek over de herziening van verordening 44/2001 betreffende de rechterlijke bevoegdheid, de erkenning en de tenuitvoerlegging van beslissingen in burgerlijke en handelszaken
- 20 apr '09COM(2009)166 - Op grond van artikel 18 van Kaderbesluit 2001/220/JBZ inzake de status van het slachtoffer in de strafprocedure [SEC(2009) 476]
- 20 apr '09COM(2009)170 - Toepassing van richtlijn 2004/80/EG betreffende de schadeloosstelling van slachtoffers van misdrijven [SEC(2009) 495]
- 25 mrt '09COM(2009)135 - Bestrijding van seksueel misbruik, seksuele uitbuiting van kinderen en kinderpornografie, en tot intrekking van Kaderbesluit 2004/68/JBZ
- 25 mrt '09COM(2009)136 - Voorkoming en bestrijding van mensenhandel en de bescherming van slachtoffers, en tot intrekking van Kaderbesluit 2002/629/JBZ
- 4 mrt '09COM(2009)102 - Instelling van een evaluatiemechanisme om de toepassing van het Schengenacquis te controleren
- 4 mrt '09COM(2009)105 - Instelling van een evaluatiemechanisme voor toezicht op de toepassing van het Schengenacquis
