24.12.2002 Official Journal of the European Communities L 349/1 (Acts adopted pursuant to Title VI of the Treaty on European Union) COUNCIL DECISION of 28 November 2002 establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism (2002/996/JHA) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in parti- cular Articles 29 and 34(1) thereof, Having regard to the initiative of the Kingdom of Spain (*), Having regard to the opinion of the European Parliament (), Whereas: (1) The Justice and Home Affairs Council meeting on 20 September 2001 decided, as recorded in point 15 of its Conclusions, to instruct the Article 36 Committee to work out an easier and swifter form of the evaluation mechanism defined in Joint Action 97/827[[HA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime (}), in order to define a procedure for the peer assessment of national anti-terrorist arrangements. (2) It is necessary to improve the national legal systems in the fight against terrorism and their implementation. (3)  The primary responsibility for designing each legal system and implementing it at national level rests with each Member State, although, in the context of the European Union, Member States inform each other of the content in order to achieve greater efficiency in the fight against terrorism. (4) It is also desirable, in accordance with the content of the abovementioned Council mandate of 20 September 2001, to establish a mechanism which, in the context of the cooperation provided for in the Treaty, enables Member States to evaluate the national legal systems in the fight against terrorism and their implementation on a basis of equality and mutual confidence, () O] C 151, 25.6.2002, p. 14. (¥) Opinion delivered on 24 September 2002 (not yet published in the Official Journal). () O] L 344, 15.12.1997, p. 7. HAS DECIDED AS FOLLOWS: Atrticle 1 Establishment of the evaluation mechanism 1. A mechanism for peer evaluation of the national arrange- ments in the fight against terrorism within the framework of international cooperation between Member States shall be established in accordance with the detailed rules set out below. 2. Each Member State shall undertake to ensure that its national authorities cooperate closely with the evaluation teams set up under this Decision with a view to its implementation, with due regard for the rules of law and ethics applicable at national level. Article 2 Evaluation subjects 1. For each evaluation exercise, the specific subject of the evaluation as well as the order in which Member States are to be evaluated shall be defined by the Article 36 Committee, on a proposal from the Presidency. Depending on the specific subject chosen for the evaluation, the Article 36 Committee shall also decide whether to designate a Council Working Party subordinate to it to carry out the evaluation or to carry it out itself. In addition, the Article 36 Committee shall decide the frequency of each evaluation exercise. 2. The Presidency of the Council shall prepare the evaluation assisted by the General Secretariat of the Council which shall use in particular the national experts seconded to it for that purpose. The Commission shall be fully involved in the preparatory work. 3. The first evaluation exercise shall finish no later than mid-2003.