Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice - Text adopted by the Justice and Home Affairs Council of 3 December 1998
23. 1. 1999 EN Official Journal of the European Communities C 19/1 (Acts adopted pursuant to Title VI of the Treaty on European Union) ACTION PLAN OF THE COUNCIL AND THE COMMISSION ON HOW BEST TO IMPLEMENT THE PROVISIONS OF THE TREATY OF AMSTERDAM ON AN AREA OF FREEDOM, SECURITY AND JUSTICE Text adopted by the Justice and Home Affairs Council of 3 December 1998 (1999/C 19/01) CONTENTS PART I: INTRODUCTION. PART II: PRIORITIES AND MEASURES. A. Selection criteria for priorities. B. Policies related to free movement of persons. I. Measures in the field of asylum, external borders and immigration. Page 2 6 6 7 7 II. Judicial cooperation in civil matters. 10 C. Provisions on police and judicial cooperation in criminal matters. 11 I. Police cooperation. 11 II. Judicial cooperation in criminal matters. 12 III. Approximation of rules on criminal matters. 13 IV. Horizontal issues. 13 C 19/2 EN Official Journal of the European Communities 23. 1. 1999 PART I INTRODUCTION 1. The European Council, meeting at Cardiff called on the Council and the Commission to submit at its meeting in Vienna an action plan on "how best to implement the Treaty of Amsterdam on an area of freedom, security and justice’. the provisions of Heads of State or Government at P‰rtschach further confirmed the importance they attach to this subject by agreeing to hold a special European Council in Tampere in October 1999. Under the Amsterdam Treaty, the areas of visa, asylum, immigration and other policies related to free movement of persons, like judicial cooperation in civil matters, are transferred from the EU’s third pillar to its first pillar (albeit not all of the first pillar procedures will be applicable), whereas provisions on police and judicial cooperation in criminal matters contained in the new Title VI of the Treaty on European Union remain within the EU’s third pillar. In addition to these changes in responsibilities, the Amsterdam Treaty also lays down the broad lines of action in the areas currently assigned to the third pillar. 2. When the Cardiff European Council called on the Council and the Commission to present the action plan, those provisions offer new opportunities to tackle an area of major public concern and thus to bring the European Union closer to the people. it clearly its view indicated that 3. Without underestimating what has already been achieved in this area under the EC Treaty, under the Title VI provisions of the Maastricht Treaty and within Schengen, it is worth recalling the reasons why the new provisions adopted in Amsterdam open up improved possibilities. First, the objective of maintaining and developing the Union as an area of freedom, security and justice is asserted and the various aspects involved are reviewed. Secondly, the Union has been given the necessary framework in instruments which to accommodate it and the required have been strengthened and at the same time, thanks to the enhanced role foreseen for the the European European Court of Justice and judicial and Parliament, made subject to tighter is democratic review. The Community method extended: several of the areas of the current third pillar are brought under Community arrangements and the Community institutions in the areas of police and criminal justice cooperation have been lifted. Access to less the Community budget has been made cumbersome. Finally, the integration of Schengen recognises the efforts of the Member States which embarked on this cooperation and gives the Union a base on which to build further. restrictions which used to apply to in to inherent in particular interinstitutional cooperation 4. In drawing up this action plan, the Council and the Commission take as their starting point that one of the keys to its success lies in ensuring that the spirit of the Amsterdam Treaty is translated into reality. This the new responsibilities, applies including an extended right of initiative, which Amsterdam bestows on the Commission. What is important is not so much where the right of initiative lies, be it shared or exclusive, as the way in which this right is exercised. In any case the Treaty provides that for the five years earmarked for the full attainment of the free movement of persons, the the right of Commission and the Member States for matters transferred to the Community framework. initiative will be shared between 5. Although any action plan drawn up must, if inherent in the concept of an in concrete terms, necessarily reflect the priorities and timetable set out in the Amsterdam Treaty itself, it needs to reflect also the general approach and philÜ osophy "area of freedom, security and justice’. These three notions are closely interlinked. Freedom loses much of its in a secure it cannot be enjoyed meaning environment and with the full backing of a system of justice in which all Union citizens and residents can have confidence. These three inseparable concepts have one common denominator "people’ and one cannot be achieved in full without the other two. Maintaining the right balance between them must be the guiding thread for Union action. It should be noted in this context that the Treaty establishing the (ex) Article European Communities 73(i)(a), makes a direct link between the measures establishing freedom of movement of persons and the specific measures seeking to combat and prevent (Article 61 23. 1. 1999 EN Official Journal of the European Communities C 19/3 crime (Article 31(e) of the Treaty on European Union), thus creating a conditional link between the two areas. A. AN AREA OF FREEDOM (a) A wider concept of freedom 6. Freedom in the sense of free movement of people within the European Union remains a fundamental objective of the Treaty, and one to which the flanking measures associated with the concepts of security and their essential justice must make contribution. The Schengen achievement has shown the way and provides the foundation on which to build. However, the Treaty of Amsterdam also opens the way to giving "freedom’ a meaning beyond free movement of people across internal borders. It is also freedom to live in a law abiding environment in the knowledge that public authorities are using everything in their individual and collective power (nationally, at the level of the Union and beyond) to combat and contain those who seek to deny or abuse that freedom. Freedom must also be complemented by the full range of fundamental human rights, including protection from any form of discrimination as foreseen by Articles 12 and 13 of TEC and 6 of the TEU. fundamental today’s in freedom deserving fast developing 7. Another special information attention society is that of respect for privacy and in particular the protection of personal data. When, in support of the development of police and judicial cooperation in criminal matters, personal data files are set up and information exchanged, it is indeed essential to strike the right balance between public security and the protection of individuals’ privacy. (b) Immigration and asylum policies in the instruments they do not have adequate monitoring arrangements. The commitment in the Amsterdam Treaty to use European Community future provides the opportunity to correct where necessary these weaknesses. Particular priority needs to be attached to combating illegal immigration on the one hand, while on the other hand ensuring the inteÜ gration and rights of those third country nationals legally present in the Union as well as the necessary protection for those in need of it even if they do not meet fully the criteria of the Geneva Convention. B. AN AREA OF SECURITY 9. The full benefits of any area of freedom will never be enjoyed unless they are exercised in an area where people can feel safe and secure. 10. The agreed aim of the Treaty is not to create a European security area in the sense of a common territory where uniform detection and investigation procedures would be law enforcement agencies in Europe in the handling of security matters. Nor do the new provisions affect incumbent on the exercise of the responsibilities Member States to maintain law and order and safeguard internal security. applicable all to 11. Amsterdam an rather provides judicial cooperation institutional framework to develop common action among the Member States in the indissociable fields of police cooperation and in criminal matters and thus not only to offer enhanced security to their citizens but also to defend the Union’s interests. The interests, declared objective is to prevent and combat crime at the appropriate level, "organised or otherwise, in particular in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud’. trafficking terrorism, including financial its 8. When looking at the priorities ahead, different considerations must apply to immigration policy on the one hand and asylum policy on the other. Future work in these areas will essentially be determined by the fact that the new Treaty itself contains an obliÜ gation to take action within five years in a wide immigration and asylum related areas range of involving both and procedure. An impressive amount of work has already been carried out. However, the instruments adopted so far often suffer from two weaknesses: they are frequently based on "soft law’, such as resolutions or recomÜ mendations that have no legally binding effect. And substance (a) Organised crime 12. The Union’s response to the challenge posed by in the action plan is contained organised crime endorsed by the Amsterdam European Council, which foresees an integrated approach at each step on the continuum from prevention to repression and prosecution. Important progress has already been made, as the Cardiff European Council recognised, but even when the plan is fully implemented, the opportunities offered by Amsterdam to go further will have to be exploited. C 19/4 EN Official Journal of the European Communities 23. 1. 1999 (b) Drugs its individual security 13. Drugs deserve a particular mention. They constitute in a threat to collective and numerous ways, often but not always linked to organised crime. It is an area to which Europe has brought a distinctive and influential approach insistence on a comprehensive policy through based on shared responsibility between consumer and producer countries. Within that comprehensive framework, however, that a major it component will be the mobilisation of the full weight can which collectively bring to bear against the traffickers and the criminal organisations which lie behind them. The Union’s action plan against drugs for the period in the 2000 to 2004, currently under discussion Commission and the Council, will need to be drawn up and implemented in a way which fully exploits the possibilities of the new Treaty. enforcement agencies is clear various law (c) Europol 14. The new Treaty recognises the essential and central role Europol will play, by requiring that a number of specific measures be adopted within five years of its entry into force. It provides in particular further coordination and support for operational tasks by Europol. It is therefore important to start to work on the implementation of these measures as soon as possible, now that the Europol Convention has at last been ratified by all Member States, so as to allow Europol to play fully its new role as an indisÜ pensable European cooperation tool. These develÜ opments should build on the "acquis’ of the Europol Drugs Unit which, as a precursor for the future like Europol, has gained experience information exchange, technical and operational support, threat analyses and situation reports. in areas C. AN AREA OF JUSTICE 15. The new that, instruments the reality impetus and introduced by Amsterdam provide the opportunity to examine what the area of "justice’ should seek to achieve, while respecting for reasons deeply imbedded in history and tradition, judicial systems differ substantially between Member States. The ambition is to give citizens a common sense of justice throughout the Union. Justice must be seen as facilitating life of people and bringing to justice those who threaten the freedom and security of individuals and society. This includes both access to justice and full judicial cooperation among Member States. What Amsterdam provides is the day to day a conceptual and institutional framework to make sure that those values are defended throughout the Union. Both in civil and criminal matters speedy ratification and effective implementation of adopted conventions are crucial for achieving an area of Justice. (a) Judicial cooperation in civil matters 16. Reinforcement of in for stage benefits fundamental represents a every Union judicial cooperation in civil matters, which many believe has developed too slowly, the creation of a European judicial area which will bring citizen. tangible LawÜabiding citizens have a right to look to the Union judicial environment in which they live in the European Union context. Here principles legal certainty and equal access to justice should be a the main objective, the competent applicable fair proceedings and effective enforcement procedures. identification of jurisdiction, clear designation of speedy and law, availability of simplify and such as implying facilitate the to (b) Judicial cooperation in criminal matters 17. There is a clear need for improving and speeding up judicial cooperation in criminal matters both among Member States and with third countries, specially in intensified police cooperation. However view of effective it may be, judicial cooperation in criminal matters to deal with phenomena such as organised crime, unless there is facilitation of procedures and where necessary approximation of legislation. is hard pressed today throughout the Union: 18. In concrete terms this means first of all that criminal in an equally behaviour should be approached efficient way terrorism, corruption, traffic in human beings, organised crime, should be the subject of minimum common rules relating to the constituent elements of criminal acts, the same vigour and should be pursued with wherever they take place. If serious criminal conduct receives an equivalent response and procedural guarÜ antees are comparable throughout the Union, the improving coordination of prosÜ possibilities of ecution, whenever be greater reconciled with respect for individual rights, must be examined. This goes in particular for policy areas where the Union has already developed common policies, and for policy areas with strong crossÜ border implications such as environmental crime, high tech crime, corruption and fraud, money launÜ dering, etc. According to the provisions of the efficiency can 23. 1. 1999 EN Official Journal of the European Communities C 19/5 Treaty of Amsterdam, the powers of Europol should be developed and the place and the role of judicial authorities in relation to Europol, either at the level of Member State or at the Union level, have to be examined. The adoption of the action plan will have the additional advantage of setting out for the benefit of the applicant countries a clear and comprehensive statement of the Union’s priorities in this area. (c) Procedures E. RELATIONS WITH THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS is the guarantees procedural safeguards of 19. Procedural rules should respond to broadly the same guarantees, ensuring that people will not be treated unevenly according to the jurisdiction dealing with their case. In principle, this function of adequate and comparable already achieved by the European Convention on Human Rights and Fundamental Freedoms and their dynamic interpretation by the in particular European Court of Human Rights, in criminal regarding the rights of the defence proceedings. to complement those basic principles by standards and codes of good practice in areas of transnational relevance and common concern (e. g. interpretation) which may also extend to certain parts of the enforcement of criminal decisions, including, for instance, confiscation of assets and to aspects of offender reintegration and victim support. however, appears useful, It (d) Cross border litigation 20. Difficulties with which citizens are intrinsically confronted in cross border litigation, be it in civil or in criminal matters, should be neutralised as much as possible. This means, streamlined communication of documents and information, use of multilingual forms, creation of mechanisms or networks to assist and advise in transnational cases and possible legal aid schemes in such cases. for example, D. ENLARGEMENT 21. There is an important link with the enlargement process, in particular with the preaccession strategy. The countries applying the European Union are well aware that Justice and Home Affairs will have a special significance for their applications. for membership of However, the JHA acquis is different in nature from other parts of the Union’s acquis. Much still needs to be done and the acquis will therefore constantly develop over the preaccession years. 22. The advances introduced by the Amsterdam Treaty will also enhance the Union’s role as a player and partner on the international stage, both bilaterally and in multilateral forums. As a result, and building on the dialogue that it has already started in Justice and Home Affairs cooperation with an increasing number of third countries and international organiÜ sations and bodies (e. g. Interpol, UNHCR, Council of Europe, G8 and the OECD), this external aspect of the Union’s action can be expected to take on a new and more demanding dimension. Full use will need to be made of the new instruments available under the Treaty. In particular, the "communautariÜ sation’ of the matters relating to asylum, immiÜ gration and in civil matters permit the Community, to the extent permitted by the established case law of the European Court of Justice related to the external competence of the Community, to exercise its influence internationally in these matters. In those subjects which remain in Title VI of the TEU, the Union can also make use of the possibility for the Council to conclude interÜ national agreements in matters relating to Title VI of the Treaty, as well as for the Presidency, assisted by the General Secretariat of the Council and in full association with the Commission, to represent the Union in these areas. judicial cooperation F. STRUCTURE OF WORK IN THE FIELD OF JUSTICE AND HOME AFFAIRS 23. The new provisions of the Amsterdam Treaty as well as its Protocol integrating the Schengen acquis into the framework of the European Union, with their emphatically cross pillar characteristic, will need to be reflected also in the working structures of the Council. It was clearly not the intention of the Treaty to compartmentalise the way in which the different components of freedom, security and justice are handled as between the structures of the European Community on the one the other, the European Union on hand and particularly since in both cases the responsibility for taking the objective forward will fall irrespective whether they are first or third pillar competence, to its composition of Ministers for the Council therefore be Justice and Home Affairs. It will essential to establish before the entry into force of the Treaty of Amsterdam for this purpose approÜ the priate arrangements which this area of respect both in C 19/6 EN Official Journal of the European Communities 23. 1. 1999 provisions of the Treaty and facilitate the coordiÜ nating the Committee of Permanent Representatives. role of information system It will also be important to establish the appropriate arrangement to cover the particular case of the Schengen in order to ensure smooth transition, with no reduction in the system’s efficiency. A discussion could, also, be started in the medium term on the prospects for developing SIS II after it has been expanded. Work on the necessary structural arrangements, including reflexions on the need for further coordiÜ nation in the fields of migration and asylum as well as in the area of civil law by committees composed of high officials is already under way within the K4 Committee acting on the basis of Article K4(1) of the TEU. This reform of the working structures should be based on the following principles: rationalisation and simplification (an appropriate number of working in the parties to meet the objectives laid down for appropriate Treaty, no duplication), specialisation and responsiÜ bility (working parties to consist of experts having an adequate degree of responsibility in their Member States, operational allowance judicial network), structuresØ-ØEuropol, European continuity (permanence of working parties to reflect the permanent objectives of the Treaty, mechanism for following up all the instruments adopted), transÜ terms of reference and of parency (clarity of relations between working parties) and flexibility (possibility of extremely short term adjustment of structures to deal with new problems requiring urgent specific handling). The entry into force of the Treaty of Amsterdam also raises a number of legal questions resulting from the transition of certain policies from the third pillar to the first pillar as well as from the transition to new forms of acts and procedures in the third pillar. This concerns, for example, the question of how to handle conventions in the field to be transferred to Community competence which will be signed but not yet ratified at the time of entry into force of the Treaty of Amsterdam. PART II PRIORITIES AND MEASURES A. SELECTION CRITERIA FOR PRIORITIES 24. A number of principles have determined the way in which the Commission have identified, and intend to implement, the measures listed in this part: the Council and (iv) operational efficiency in implementing the legal framework established by the Treaty is no less important than the legislative framework itself. Measures taken shall meet factual needs and add value in this context, working methods which have proved already their worth, for example in the Schengen context, should find their place in the Union’s action plan; (i) the Amsterdam Treaty itself has set out some to which clear guidance on attached, priority particularly during the first five years after its entry into force. The action plan must respect this guidance; the measures be importance must (v) responsibility for safeguarding of internal security therefore rests with Member States. important, when developing European coopÜ eration, to take into account national interests and common approaches as well as differences; It is (ii) the principle of subsidiaritiy, which applies to all aspects of the Union’s action, is of particular relevance to the creation of an area of freedom, security and justice; (vi) a realistic approach requires, when selecting priorities, the resources and time available to be taken into account. (iii) the principle of solidarity among Member States instiÜ and between them and the European tutions, should apply in facing the transnational challenges presented by organised crime and migration movements; 25. According to Article 2 of the TEU, the Union shall set itself the objective to maintain and develop an area of freedom, security and justice in which the free movement of persons is assured in conjunction with appropriate measures with respect to external 23. 1. 1999 EN Official Journal of the European Communities C 19/7 borders, asylum, immigration and the prevention and combating of crime. The mutual interdependence between the different aspects of this overall objective is confirmed by Article 61(a) which mentions Article 31(e) of the TEU. It is therefore in the interest of as high level as possible of security for the public that some activities in one area be meshed in timing and substance with those in the other. the existing 29. In legislative work, account has also had to be taken of it necessary to decide which, if any, of the present provisions should be replaced by more effective ones. Those classifiable as "soft law’ formed the prime candidates for this purpose. third pillar acquis; making 26. Integration of into the Schengen acquis largely have been realised the framework of the European Union will have as a consequence that as from the date of entry into force of the Treaty of Amsterdam the objectives of the Community as set out in the entire Article 62 of the TEC and to a large extent in Article 63(3)(b) of the TEC in their versions of the Treaty of Amsterdam will in respect of 10 Member States, and in respect of 13 Member States as from the date of the decision of the Council referred to in Article 2(2) of the Schengen Protocol. This is to say that much of the substantive work will have been done far in advance of the five years’ time limit set by the Articles concerned. It would permit the Council to concentrate initially particularly on other objectives of the Community and the Union in the field of Justice and Home Affairs for the realÜ isation of which a maximum time limit of five years has been determined (Article 63(1)) and (2)(a) of the TEC and Article 30(2) of the TEU, for example and to deal with matters which would require urgent handling or which become politically important. In order to put the priorities listed in those Articles into practice, efforts will have to be made to adopt measures detailed in the following sections. 27. In the context of the Treaty requirements, account should also be taken of the position of the United Kingdom and Ireland under the Protocols to the Amsterdam Treaty and, in setting priorities, of existing plans and the need to continue taking forward present medium term work programmes. security and 30. The entry into force of the Treaty of Amsterdam is likely to have the effect of increasing the caseload of the European Court of Justice, whereas an area of freedom, justice precisely requires judicial proceedings to be as expedient as possible. It is therefore in the interest of both the Member States and the individuals concerned that priority be given to examining jointly with the Court all possible means to shorten the average length of procedures in particular of requests for before the Court, preliminary rulings under Title VI of the TEU and Title IV of the TEC. 31. The levels of priority set out below become effective, logically, on entry into force of the Amsterdam Treaty. The priority measures are to be found in two the actions and the one hand, categories. On measures for which it is important that they are implemented or adopted within two years from the entry into force of the Treaty of Amsterdam (hereÜ inafter referred to as "measures to be taken within two years’), and on the other hand the actions and measures which must be adopted or implemented within five years following the entry into force of the Treaty or, at least, to commence elaboration of the actions and measures (hereinafter in referred to as "measures to be taken within five years’). However, a start may have to be made on many activities in the first level of priority without delay on adoption of this action plan as they require preparatory work, for example in technical working if possible have been parties, which completed by the date of the entry into force. Such particularly specifically indicated below. urgent measures the area should are B. POLICIES RELATED TO FREE MOVEMENT OF PERSONS I. Measures in the field of asylum, external borders and immigration 28. In establishing substantive and political priorities, first consideration has had to be given in particular to those projects on which work is already in hand at present or for which work is likely still to be in progress at the time of entry into force of the Amsterdam Treaty. It has basically been attempted here, in fully adjusting to the new environment, to ensure maximum continuity. 32. The objective is to introduce the area of freedom within the next five years. As a result, to ensure citizens, increased all European achieving requires accompanying measures to be drawn up, particularly in the areas of external border controls and the combating of illegal for security this objective C 19/8 EN Official Journal of the European Communities 23. 1. 1999 immigration while full account is taken of the prinÜ ciples set out in Article 6 of the TEU and Articles 12 and 13 of the TEC. The HCR will be consulted on asylum issues when necessary. 33. The measures to be drawn up must take due account of the fact that the areas of asylum and immigration are separate and require separate approaches and solutions. 34. An overall migration strategy should be established in which a system of European solidarity should figure prominently. The experiences gained and progress achieved the Schengen should prove particularly pertinent as regards short term residence (up to three months), the fight against illegal immigration as well as the controls at external borders. through cooperation framework in to improve the An overall priority should be exchange of statistics and information on asylum and immigration. This exchange should include statistics on asylum and information on the status of third country nationals and national legisÜ lation and policy on the basis of the Commission’s action plan. immigration, 35. In order to complete the area of free movement, it is crucial for there to be a swift and comprehensive extension of the principles of the free movement of persons in accordance with the protocol integrating the Schengen acquis into the framework of the EU. Measures to be taken within two years the mechanism inter A study should be undertaken to see to what extent should be supplemented alia by provisions enabling the responsibility for dealing with the members of the same family to be conferred on one Member State where the application of responsibility criteria would involve a number of States and by of provisions whereby protection when a refugee changes his country of residence can be resolved satisÜ factorily; question the the (ii) the implementation of Eurodac; (iii) adoption standards of minimum on procedures in Member States for granting or withdrawing (Article refugee 63(1)(d) of the TEC) with a view, inter alia, asylum to special procedures. attention shall be paid to the situation of children; the duration of this context, a reducing status In (iv) limit "secondary movements’ by asylum seekers between Member States; (v) defining minimum reception of particular attention children (Article 63(1)(b) of the TEC). seekers with the the a situation of asylum to standards on (vi) undertake a study with a view to estabÜ lishing the merits of a single European asylum procedure; 36. The following measures should be taken within two years after the entry into force of the Treaty: (c) Measures in the field of immigration: (a) measures in the fields of asylum and immiÜ gration, (i) instrument on the lawful status of legal immigrants; assessment of countries of origin in order to formulate integrated approach; country specific a (b) measures in the field of asylum: (i) effectiveness of for the Dublin Convention: continued examination of the criteria and conditions implemenÜ improving tation of the Convention and of the possible transformation of the legal basis to the system of Amsterdam (Article 63(1)(a) of the TEC). the (ii) establish a coherent EU policy on reÜ admission and return; (iii) combat illegal immigration (Article 63(3)(b) of the TEC) through, inter alia, information campaigns in transit countries and in the countries of origin. In line with the priority to be given to practical controlling migration proposals for combating illegal immigration more effectively need to be brought forward swiftly; flows, 23. 1. 1999 EN Official Journal of the European Communities C 19/9 (d) Measures in the fields of external borders and (b) Measures in the field of asylum: free movement of persons: (i) procedure and conditions for issuing visas by Member States (resources, guarantees of repatriation or accident and health cover) as well as the drawing up of a list of countries whose nationals are subject to an airport transit visa requirement (abolition of the current grey list); (i) adoption of minimum standards with respect to the qualification of nationals of third countries as refugees, (ii) defining minimum standards for subsidiary interÜ protection national protection (Article 63(2)(a) second part); in need of to persons (ii) define the rules on a uniform visa (Article 62(iv) of the TEC); (c) Measures in the field of immigration: (iii) draw up a regulation on countries: - whose nationals are exempt from any visa requirement in the Member States of the European Union, - whose nationals are subject to a visa requirement in the Member States of the European Union (Article 62(2)(b)(i) of the TEC); (iv) further harmonising Member States’ laws on carriers’ liability. Measures to be accordance with Amsterdam taken as quickly as possible the provisions of in the Treaty of temporary standards giving 37. (a) Minimum protection third to displaced persons countries who cannot return to their country of origin (Article 63(2)(a) of the TEC). from for (b) Promoting a balance of effort between Member States in receiving and bearing the consequences of receiving displaced persons (Article 63(2)(b) of the TEC). Measures to be taken within five years 38. The following measures should be taken within five years of the entry into force of the Treaty: (a) measures in the fields of asylum and immiÜ gration: identification measures strategy; and in implementation the the European migration of listed (i) improvement of for the possibilities the removal of persons who have been refused the right to stay through improved EU coordination implementation or readmission clauses and development of European official (Embassy) reports on the situation in countries of origin, (ii) preparation of rules on the conditions of standards on entry and residence, and procedures for the issue by Member States of long term visas and residence permits, including those for the purposes of family reunion (Article 63(3)(a) of the TEC). third country The question of giving nationals holding the freedom to settle in any Member State of the Union will shortly be discussed by the relevant working party, residence permits (iii) determination of the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States (Article 63(4) of the TEC). the Within competent Council bodies discussions could be held, taking account of the consequences for social equilibrium and the labour market, on the conditions under which, like Community nationals and their families, third country nationals could be allowed to settle and work in any Member State of the Union; in these two last fields, although the Amsterdam Treaty does not request action to be accomÜ plished in a five year period, efforts should be made towards an improvement of the situation in due time; C 19/10 EN Official Journal of the European Communities 23. 1. 1999 (d) Measures in the fields of external borders and free movement of persons: account special provisions on conflict of law rules in other Community instruments (Rome I), (i) extension of the Schengen representation mechanisms with regard to visas: (d) examine the possibility of extending the concept of the European judicial network in criminal matters to embrace civil proceedings. of an establishing a discussion could be initiated on the possiÜ bility arrangement between the Member States, which will improve the possibility of preventing visa applicants from abusing the foreign repreÜ sentations of one or more Member States in order to gain access to another Member State, which at time of application was the actual intended country of destination, (ii) attention will be given to new technical developments in order to ensure as approÜ priate, an even better security of the uniform format for visas (sticker). Highly in each individualised contact points Member State could permit greater awareness of Member States’ laws and ensure better coordiÜ nation of proceedings in cases with important parental dimensions human disputes, for example). (crossborder Measures to be taken within five years 41. The following measures should be taken within five years after the entry into force of the Treaty: II. Judicial cooperation in civil matters instrument on the (Rome III): (a) examine the possibilities to draw up a legal law applicable to divorce the simplifying improving and 39. The aim is to make life simpler for European citizens by rules and procedures on cooperation and communication between authorities and on enforcing decisions, by promoting the compatibility of conflict of law rules and on jurisdiction and by eliminating obstacles to the good functioning of civil proceedings in a European judicial area. It will be necessary to improve the coordination of Europe’s courts and the awareness of Member States’ laws, particularly in cases with important human dimensions, having an impact on the everyday life of the citizens. Measures to be taken within two years 40. The following measures should be taken within two years after the entry into force of the Treaty: (a) finalisation, it has not been completed, of work on the revision of the Brussels and Lugano Conventions, if (b) drawing up a law applicable to non contractual obligations (Rome I), instrument on legal the (c) begin revision, where necessary, of certain provisions of the Law applicable to contractual obligations, taking into the Convention on After the first step on divorce matters taken with Brussels II in the field of jurisdiction and the recognition and enforcement of judgments, the possibilities to agree on rules determining the law applicable forum shopping needs to be explored on the basis of an in depth study, to prevent in order (b) examine the possibility of drawing up models for non judicial solutions to disputes with particular reference to transnational family conflicts. In this context, the possibility of mediation as a means of solving family conflicts should be examined, (c) examine the possibility of drawing up a legal instruments jurisdiction, applicable law, recognition and enforcement of judgments to matrimonial property regimes and those relating to succession. international relating on In elaborating such instruments, the connection between matrimonial property and rules relating to succession should be taken into account. Work already undertaken within the framework of the Hague Conference of Private InterÜ national Law should be taken into account, (d) identifying the rules on civil procedure having cross border implications which are urgent to approximate for the purpose of facilitating access 23. 1. 1999 EN Official Journal of the European Communities C 19/11 elaboration to justice for the citizens of Europe and examine additional measures the accordingly to improve compatibility of civil procedures. of This could include the examination of the rules on deposition of security for litigation costs and expenses of the defendant in a civil procedure, the granting of legal aid as well as other possible obstacles of an economic nature, (e) improving and simplifying cooperation between courts in the taking of evidence, (f) examine the possibility of approximating certain law, such as creating uniform the law applicable areas of civil private acquisition in good faith of corporal movables. international to C. POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS 42. The aim is to give citizens a high level of protection as provided for in the Treaty of Amsterdam and to promote the rule of law. This implies greater coopÜ eration between for the authorities applying the law with due regard for legal certainty. It also implies giving practical form to a judicial area cooperate more in which effectively, more quickly flexibly. Encourage an integrated approach, through close cooperation, of judicial, police and other relevant authorities in preventing and combating crime, organised or otherwise. and more responsible authorities judicial Measures to be taken within two years I. Police cooperation 43. The following measures should be taken within two years after the entry into force of the Treaty: 1. as regards Europol cooperation: (a) improve Europol cooperation in the following areas: (i) examine the feasibility of setting up a database investigations, pending within the framework of the provisions of the Europol Convention, allowing the of avoidance of any overlap between invesÜ tigations and the involvement of several European competent authorities in the same investigation, thus combining their knowledge and expertise, (ii) direct Europol’s documentary work towards operational activity. Wherever possible, lead to operational conclusions, its analyses should (iii) make the illegal fight against immiÜ gration networks one of the priorities of operational cooperation, particularly by using the national units as a network of national contact points responsible for dealing with them, (iv) combat terrorism: reinforce exchanges of information and the coordination of competent authorities of Member States in the fight against crimes committed or likely to be committed in the course of terrorist activities, using Europol in particular, (v) extend the competencies of Europol to other activities, as necessary (e. g. falsifiÜ cation of euro and other means of payments); (b) draw up an adequate legal instrument extending Europol’s powers to the activities referred to in Article 30(2) of the TEU and focusing Europol’s work on operational cooperation. An important subject is the place and the role of judicial authorities in their relations with Europol. One of the priorities stated by the Treaty is to determine the nature and scope of the operÜ ational powers of Europol, which will have to be able to "ask the competent authorities of the Member States to conduct and coordinate [theirü investigations’ and also to act within the framework of "operational actions of joint teams’, (c) examine Europol access to SIS or EIS investiÜ gation data, C 19/12 EN Official Journal of the European Communities 23. 1. 1999 (d) develop the role for Europol concerning the exchange of to information implement the Preaccession pact on organised crime; in order 2. other police cooperation measures: purpose consistent with’ the objectives of Title VI of the TEU; (d) the development of report on organised crime with a view to defining common strategies. the annual 44. the other police and customs cooperation measures comprise: Harmonisation of the analysis parameters will have to be ensured so that the data collected can be compared; (a) the common evaluation of particular investiÜ gative techniques in relation to the detection of serious (Article forms of organised crime 30(1)(d) of the TEU); (b) consideration of the arrangements under which a law enforcement service from one Member State could operate in the territory of another (Article 32 of the TEU) taking into consideration the Schengen acquis. (e) in the field of customs law enforcement coopÜ implementation of the CIS and eration, the Naples II Conventions. Europol’s powers must be taken into account when points (a) to (e) are implemented. II. Judicial cooperation in criminal matters Consideration should be given to two points particular: in 45. The following measures should be taken within two years after the entry into force of the Treaty: under which - the determination of the conditions and limiÜ tations law enforcement authorities of one Member State may operate in the territory of another Member State, in liaison and in agreement with the latter, competent the - in return, what types of operation, and under what arrangements, is each Member State willing to accept in its own territory? The creation of a collective framework for this type of operation is one of the priorities of police coopÜ eration. This framework can be a flexible one; (c) the development and expansion of operational cooperation between law enforcement services in the Union and the strengthening of technical police cooperation. The joint action carried out in particular by the Member States’ customs administrations should be used where appropriate as a model and should be expanded in cooperation with national police forces and gendarmeries and in close conjunction with the judicial authorities. In the medium term, Europol could serve as a backup for these future it will be possible to activate under what the Amsterdam Treaty has established as "decisions for any other initiatives, which (a) implement effectively and, where appropriate, further develop the European judicial network: The effective implementation of the European judicial network is a priority matter. It will bring about a practical improvement in cooperation and needs to be equipped with modern tools to enable cooperation. Consideration ought to be given now to making it more operÜ ational; efficient (b) finalise the Convention on Mutual Assistance in Criminal Matters as well as an additional Protocol to the Convention and implement them as soon as possible. The possibility should be examined to foresee the simplification of the procedures and the limiÜ tation of ground for refusal of assistance; (c) facilitate extradition between Member States by ensuring that the two existing conventions on extradition are effectively implemented in law and in practice; adopted under the TEU (d) strengthen and develop fight against money laundering; 23. 1. 1999 EN Official Journal of the European Communities C 19/13 (e) facilitate and accelerate cross border cooperation between the competent ministries and judicial or equivalent authorities of the Member States; (f) initiate a process with a view to facilitating mutual recognition of decisions and enforcement of judgments in criminal matters; (g) examine the role and the place of the judicial authorities in the framework of a further develÜ the opment of Europol Amsterdam Treaty, with a view to improving the efficiency of the institution; in accordance with (h) consideration of the arrangements under which judicial or equivalent authorities from one Member State may operate in the territory of another Member State (Article 32 of the TEU). law, corruption, computer Prime candidates for this examination could include, in so far as they relate to organised crime, terrorism and drug trafficking, offenses such as trafficking in human beings and sexual exploitation of children, offences against drug trafficking fraud, offences terrorists, offences committed against the environment, offences committed by means of the internet and money laundering in connection with those forms of crime. Parallel work international organiÜ in sations like the Council of Europe have to be taken into consideration; committed by (b) examine the possibility to approximate, where necessary, national legislation on counterfeiting (protection of the euro), fraud and counterÜ feiting involving means of payment other than currency. IV. Horizontal problems Consideration should be given to two points particular: in 47. The following measures should be taken within two years of the entry into force of the Treaty: - the determination of the conditions and limiÜ tations under which judicial and/or prosecutorial authorities of one Member State may operate in the territory of another Member State, in liaison and in agreement with the latter, the competent (a) examine the possibilities for harmonised rules on data protection, (b) finalise, if it has not been completed, evaluate the implementation and consider a follow up to the plan of action on organised crime, approved by the European Council at Amsterdam, - in return, what types of operation, and under what arrangements, is each Member State willing to accept in its own territory? (c) continue the process of mutual evaluation under the Joint Action adopted by the Council on 5 December 1997, The creation of a collective framework for this type of operation is one of the priorities of judicial coopÜ eration. This framework could be a flexible one. (d) continue and develop the work started under the action plan on organised crime on the question of safe havens and fiscal paradises. III. Approximate the Member States’ rules on criminal matters Measures to be taken within five years I. Police cooperation 46. The following measures should be taken within two 48. The following measures should be taken within five years of the entry into force of the Treaty: years after the entry into force of the Treaty: (a) identify the behaviour in the field of organised crime, terrorism and drug trafficking, for which it is urgent and necessary to adopt measures the establishing minimum constituent elements and to penalties and, if necessary, elaborate measures accordingly. relating rules to (a) as regards cooperation within the framework of Europol: (i) promote liaison between arrangements prosecuting/investigating officials specialÜ ising in the fight against organised crime in C 19/14 EN Official Journal of the European Communities 23. 1. 1999 close cooperation with Europol (Article 30(2)(c) of the TEU), (ii) establish a research and documentation network on cross border crime (Article 30(2)(d) of the TEU), (iii) improve the statistics on cross border crime (Article 30(2)(d) of the TEU), (iv) set up a system the exchange of for information and analysis on money launÜ dering, (v) examine whether and how Europol could have access to the Customs Information System, (vi) in cooperation with Europol, elaborate and implement an information strategy in order to make the work and powers of Europol known to the public, (vii) study the possibility of setting up a system fingerprints electronically of exchanging between Member States; (b) other police cooperation measures (i) encourage general policy and operational cooperation between the competent authÜ orities, including the police, customs and other specialised law enforcement services and the judicial authorities of the Member States the prevention, detection and investigation of criminal offences (Article 30(1)(a) of the TEU). relation to in In this context it would be useful to develop and enhance existing bilateral and regional cross border cooperation, for instance by continuing and extending on a similar basis the experiments with joint police stations. It would also be desirable to continue the development of customs risk analysis techÜ niques and the improvement of customs control methods such as the implementation of the container control action plan and to consider the new avenues where there is a possibility for fraud, such as internet, of and (ii) organise the collection, storage, processing, analysis relevant exchange information, including information held by law enforcement services on reports on in suspicious particular through Europol, subjet to approÜ priate provisions on the protection of personal data (Article 30(1)(b) of the TEU), transactions, financial (iii) promote cooperation and joint initiatives in training, the exchange of liaison officers, the use of equipment, and secondment, forensic research (Article 30(1)(c) of the TEU). II. Judicial cooperation in criminal matters 49. The following measures should be taken within five years of the entry into force of the Treaty: (a) consider whether formal improvements can still be made to extradition procedures including rules to reduce delays. substantive and The issue of extradition in relation to procedures in absentia, with the full respect of fundamental rights granted by the European Convention of Human Rights, might also be examined in this context, (b) further facilitate cooperation between ministries and judicial authorities in the field of criminal proceedings, cross border (c) examine the feasibility of improved cross border cooperation on the transfer of proceedings and the enforcement of sentences, (d) study the feasibility of extending and possibly information on the exchange of formalising criminal records, (e) prevent conflicts of jurisdiction between Member States, by, for instance, examining the possibility of registering whether there are proceedings against the same persons on the same offences pending in different Member States. 23. 1. 1999 EN Official Journal of the European Communities C 19/15 for investigations and prosecutions the coordination of Establish measures criminal in progress in the Member States with the aim of preventing duplication and contradictory rulings, taking account of better use of the ne bis in idem principle. III. Approximation of the rules on criminal matters account of the rights of third parties in bona fide, rules (c) continued elaboration of measures establishing the constituent minimum relating elements of behaviour and to penalties in all fields of organised crime, terrorism and drug trafficking. to 50. The following measures should be taken within five years of the entry into force of the Treaty: IV. Horizontal problems (a) ensure compatibility of the rules applicable between Member States in so far as necessary to improve judicial cooperation. A reflection should also be started on possibilities for avoiding that abuse of judicial remedies can affect or delay cooperation. Efficient procedural standards should be sought that will improve mutual assistance in criminal matters while complying with the requirements of fundamental freedoms. Consideration should begin in the field of telecommunication interÜ ception and also on civil actions relating to criminal offences. In that connection, compenÜ sation for the victims of crime must be an avenue not to be neglected, (b) improve and approximate, where necessary, national provisions governing seizures and confiscation of the proceeds from crime, taking 51. The following measures should be taken within five years of the entry into force of the Treaty: (a) identify which specific forms of crime which can be best combated by a general EU approach, such as computer crime, in particular child pornography on the Internet, racism and xenoÜ phobia, drug trafficking and the approximation of offences in that area, taking into account work in other international organisations, (b) develop cooperation and concerted measures on matters relating to crime prevention, (c) address the question of victim support by making a comparative survey of victim compensation schemes and assess taking action within the Union, the feasibility of (d) effectively implement the Preaccession Pact on Organised Crime