Communication from the Commission to the Council and the European Parliament - Scoreboard to review progress on the creation of an area of "Freedom, security and justice" in the European Union
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 13. 4. 2000 COM(2000) 167 final/2 CORRIGENDUM: Annule et remplace la version du 24. 3. 2000 Concerne uniquement la version anglaise COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT SCOREBOARD TO REVIEW PROGRESS ON THE CREATION OF AN AREA OF “FREEDOM, SECURITY AND JUSTICE” IN THE EUROPEAN UNION 1. Introduction. 4 1. 1. Aims of the Scoreboard. 4 1. 2. How to read the Scoreboard. 5 1. 3. Scope of the Scoreboard. 6 1. 4. Keeping the Scoreboard up-to-date. 7 2. A Common EU Asylum and Migration Policy. 8 2. 1. Partnership with countries of origin. 8 2. 2. A Common European Asylum System. 8 2. 3. Fair treatment of third country nationals. 11 2. 4. Management of migration flows. 13 3. A Genuine European Area of Justice. 15 3. 1. Better access to justice in Europe. 15 3. 2. Mutual recognition of judicial decisions. 17 3. 3. Greater convergence in civil law. 19 4. Unionwide Fight against Crime. 20 4. 1. Preventing Crime at the level of the Union. 20 4. 2. Stepping up cooperation in the fight against crime. 20 4. 3. Fight against certain forms of crime. 23 4. 4. Special action against money laundering. 25 5. Issues related to internal and external borders and visa policy, Implementation of Art. 62 TEC and converting the Schengen Acquis. 26 2 6. Citizenship of the Union. 27 7. Cooperation Against Drugs. 27 8. Stronger External Action. 28 3 1. INTRODUCTION The European Council meeting in Tampere on 15 and 16 October 1999 invited the Commission to make a proposal for an “appropriate Scoreboard mechanism” whose purpose would be to “keep under constant review progress made towards implementing the necessary measures and meeting the deadlines” set by the Treaty of Amsterdam, the Vienna Action Plan and the conclusions of Tampere for the creation of an “area of freedom, security and justice”. In the meantime, Commissioner Vitorino has conducted a tour of capitals, and has held some preliminary discussions with the European Parliament as well as with representatives of other institutions. Furthermore, the fruitful discussion which took place at the informal meeting of Ministers of Justice and Home Affairs in Lisbon on 3 March also contributed positively to the increasingly growing consensus on the form and purpose of the Scoreboard. 1. 1. Aims of the Scoreboard In the Commission’s view, such a “Scoreboard” should be more than a purely mechanical instrument to facilitate the internal monitoring by the EU institutions of their progress in adopting the legislative and other instruments needed to establish the area of Freedom, Security and Justice. It should rather be, first and foremost, an instrument for helping to achieve an objective – the creation and development of the European Union as an area of freedom, security and justice – which itself belongs not to the institutions but to the citizens of the Union. But it cannot be achieved except as an exercise in partnership and cooperation involving not only all the institutions of the Union but also the Member States individually. The Scoreboard should thus have three separate but related purposes: – – – to ensure the significant degree of transparency that a project of such direct interest to citizens demands; to keep up the momentum generated by the Tampere European Council; those to exercise pressure on any identified areas of delay so that the political responsible are reminded of commitment so clearly and repeatedly expressed by the European Council in this matter. the need to rediscover The components of the area of Freedom, Security and Justice and the timetable for achieving it, have already been examined at length and are set out in Treaty form by Amsterdam; in clear political guidelines by Tampere; and in considerable detail by the Vienna Action Plan. The Commission does not, of course, rule out to which it hopes a living document such as this Scoreboard will give rise in particular with the European Parliament, could well lead to new ideas and targets. However, our starting point has to be the elements already endorsed by the European Council. And the guiding principle in this area, as in others, must be that of subsidiarity in which the transparent dialogue, that 4 decisions are taken as openly as possible and as closely as possible to the citizen. If it is to serve these purposes and to provide a reliable road map in such a complex area involving a large number of individual measures to be adopted, the Scoreboard must visualise both the road still ahead and the distance already covered, not hesitating to display both the areas where progress is on track but also where it is lagging behind schedule. It must be sufficiently detailed and structured that precise targets to be reached by the end of the each calendar year are clearly identified and visible. This approach builds on the method successfully adopted in earlier ventures of the Union, in particular the establishment of the Single Market. further underlines the partnership-based nature of It is important to recall that, in almost all areas of Justice and Home Affairs, the Commission and Member States, for a transitional period of five years following the entry into force of the Treaty of Amsterdam, share the right of initiative for legislation. This the responsibilities for taking forward this project. When the Scoreboard indicates that responsibility for taking the initiative lies with the Commission rather than with a Member State, this mainly reflects the language of Tampere, which specifically requested certain actions from the Commission. There are also a limited number of items where action is attributed to the Commission either because it already appears in the Commission’s published work programme or because the Treaty Article on which it is based provides for exclusive right of the Commission (e. g. Article 18 for action in the field of European citizenship). In other cases, the Scoreboard leaves open the possibility that the initiative could come as well from the Commission as from any Member State. In some areas, certain Member States have already indicated their intention to take the first initiative and this is duly recorded in the Scoreboard. 1. 2. How to read the Scoreboard The Scoreboard is intended to be both accessible and comprehensible to non- specialist readers. It will be a living document, regularly updated, and could, if the European Parliament so wishes, become a major component of its annual debate on progress in this area. This should also open to public scrutiny the steps being taken to achieve one of the Union’s main political objectives in areas which have in the past been considered rather impenetrable to non-specialist observers. This is especially important since public support for the project is essential to its success. The proposed Scoreboard is structured in tabular form. It follows as close as possible the chapter headings used in Tampere and is divided into the following columns: • The individual objectives as listed in the Tampere Conclusions, in the Vienna Action Plan and in the Treaty itself 5 • The form of follow-up action needed, distinguishing where appropriate between legislative and non-legislative action including if possible the nature of the instrument required • Where responsibility lies for taking things forward • The deadlines for adoption, where these are already indicated in the basic texts or have been added or subsequently adjusted to take account of later developments. Where the basic texts are silent on deadlines, this first version of the Scoreboard is also silent with a view to filling in dates in the light of discussion • The state of play (this column will serve to identify what has been achieved as well as where progress is lagging) 1. 3. Scope of the Scoreboard The Scoreboard has a somewhat wider coverage than the areas contained in Title IV of the Treaty establishing the European Community and in Title VI of the Treaty on European Union alone. It includes, for example, a number of measures needed in relation to the concept of European citizenship, as well as some subjects not specifically mentioned in the Amsterdam Treaty, the Vienna Action Plan or the Tampere conclusions but raised by certain Member States during Commissioner Vitorino’s tour of capitals in the first weeks of the year 2000. the Scoreboard at On the other hand, this stage does not attempt any comprehensive coverage of the potentially vast area of legislative activity which flows from the incorporation of Schengen into the Treaty. The Commission is still reflecting on the appropriate schedule for such action, inclining to the view that the priority with which there is a need to convert Schengen provisions into “Amsterdam” instruments will depend more on developments than on any absolute requirement to convert them for the sake of doing so. Thus it has included a reference to the need to “communautarise” Article 2. 2 of the Schengen Convention, since that article has already been invoked on a number of occasions since the entry into force of the Treaty. A similar approach has been adopted with regard to certain “third pillar” instruments which will have to be converted in due course. Furthermore, certain issues of a horizontal nature and relevant to the creation of an area of freedom, security and justice in the European Union are not dealt with directly by this Scoreboard. In some cases, these questions are handled in other bodies – as in the case of the Convention entrusted with drawing up a draft Charter of fundamental rights of the European Union, or the Intergovernmental Conference with regard to the role of the European Court of Justice or the protection of the financial interests of the Community. In others, they cut across different actions proposed in the Scoreboard, for example in the case of the external actions of Justice and Home Affairs, where, in accordance with the conclusions of the European Council of Tampere, the first step is for specific recommendations to be drawn up by the Council and the Commission 6 concerning priorities, policy objectives and measures, including the question of working structure, before the Feira European Council in June 2000. Similarly, it is too early for detailed actions to be listed in the field of crime prevention since this will be the subject of a major conference organised by the Portuguese Presidency in May 2000. 1. 4. Keeping the Scoreboard up-to-date The Commission proposes drawing an updated version of the Scoreboard to the attention of the European Parliament and the Council once per Presidency. This will provide the occasion to review progress made; to indicate where and when it may be slipping; and, if necessary, to adjust priorities but without losing sight of the overall objective and timescale set out in the Treaty and in the subsequent European Council conclusions. The first such review will also provide the opportunity to build up further the picture in terms of how the Member States and the Commission share the responsibilities regarding the right of initiative in any areas which remain uncovered. 7 2. A COMMON EU ASYLUM AND MIGRATION POLICY The separate but closely related issues of asylum and migration call for the development of a commun EU policy to include the following elements: 2. 1. Partnership with countries of origin A comprehensive approach to migration will be developed, addressing political, human rights and development issues in countries and regions of origin and transit based on a partnership with those countries and regions with a view to promoting co-development. Objective Action needed Responsibility Timetable for adoption State of play Assessment of countries and regions of origin and transit in order to formulate specific integrated approaches Continuation of the mandate of the High Level Working Group on Asylum and Migration Council & Commission Assessment of other countries and regions in view of drawing up new action plans Council & Commission April 2001 Ongoing work within the HLWG – Report on the implementation of the action plans already adopted : December 2000 No decision yet taken on which further countries need to be assessed 2. 2. A Common European Asylum System The aim is to ensure a full and inclusive application of the Geneva Convention, ensuring that nobody is sent back to persecution, i. e. maintaining the principle of non-refoulement. In the long term, a common asylum procedure and a uniform status for granting asylum valid throughout the Union must be established. Secondary movements by asylum seekers between Member States should be limited. A temporary protection regime for displaced persons on the basis of solidarity among Member States will be established. 8 Objective Action needed Responsibility Timetable for adoption State of play Determination of the State responsible for the examination of an asylum application Examination of the effectiveness of the Dublin Convention Evaluation to be conducted by the Commission 2000 To be launched by Spring 2000 – Commission evaluation document available in March/April Adoption of criteria and mechanisms (regulation) April 2001 Council, on the basis of a Commission proposal Working document submitted by the Commission in March 2000 Finalise work on EURODAC Council and Commission Commission proposal to be submitted by end 2000 Commission proposal submitted in 1999 (revised proposal submitted in March 2000) EP to be reconsulted Ongoing preparatory work for the setting up of the System, under responsibility of the Commission A fair and efficient asylum procedure Adoption of common minimum standards on procedures for granting or withdrawing refugee status with a view, inter alia, to reducing the duration of asylum procedures, and paying special attention to the situation of children (directive) Council, on the basis of a Commission proposal April 2001 Working document tabled by the Commission in March 1999 Opinion of the EP still awaited Commission proposal to be submitted taking account inter alia, of the EP opinion when available April 2001 Commission has put in hand a preliminary study Commission proposal to be submitted beginning 2001 Commission to prepare a communication by end 2000 Commission to prepare a communication Definition of common minimum conditions for reception of asylum seekers (with a particular attention to the situation of children) (directive) Council, on the basis of a Commission proposal Common asylum procedure Partially, the Commission Uniform status for those who are granted asylum throughout the Union As a follow-up to the Commission communication a legislative instrument may be needed Council, on the basis of a Commission proposal Approximation of rules on the recognition and content of the refugee status (directive) Council, on the basis of a Commission proposal April 2004 9 Adoption of measures on refugees and displaced persons aiming at offering an appropriate status to any person in need of international protection Temporary protection in case of mass influx of displaced persons in need of international protection (directive) Council, on the basis of a Commission proposal As quickly as possible Revised Commission proposal to be submitted Spring 2000 Promotion of a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons Subsidiary forms of protection (directive) Setting up a European Refugee Fund (decision) Council, on the basis of a Commission proposal Council, on the basis of a Commission proposal April 2004 As quickly as possible Commission proposal tabled on 14 December 1999 Securing a financial reserve available in situations of mass influx of refugees Council and EP Commission is exploring possibilities 10 2. 3. Fair treatment of third country nationals The conditions for admission and residence of third country nationals will be approximated, on the basis of a shared assessment of the economic and demographic developments within the Union, as well as the situation in the countries of origin. An integration policy should aim at granting third country nationals who reside legally on the territory of Member States (and in particular long-term residents), rights and obligations comparable to those of European Union citizens, as well as enhancing non-discrimination and the fight against racism and xenophobia. Objective Action needed Responsibility Fight against all forms of discrimination, and more particularly racism & xenophobia 1 Implementation of the principle of equal treatment between persons irrespective of race or ethnic origin (directive) Council, on the basis of a Commission proposal Establishment of a general framework for equal treatment in employment and occupation (directive) Council, on the basis of a Commission proposal Programmes drawing upon best practices and experiences (decision) Council, on the basis of a Commission proposal Strengthening of cooperation with the European Monitoring Centre on Racism & Xenophobia and the Council of Europe Council / Commission Timetable for adoption June- December 2000 State of play Commission proposal submitted to Parliament and Council on 25 November 1999 Commission proposal submitted to Parliament and Council on 25 November 1999 Commission proposal for a Community action programme (2001-2006) to support Member States’ efforts, submitted to Parliament and Council on 25 November 1999 Official opening of the Centre on 7 April 2000 1 Measures aiming at enhancing non-discrimination and fighting against racism and xenophobia apply generally to all persons residing in the territory of the European Union ; they are particularly relevant with regard to third country nationals. 11 Enhancing police and judicial cooperation in preventing and combating racism and xenophobia – Common incrimination of racism and xenophobia (framework decision) 2 Approximation of national legislations on the conditions for admission and residence of third country nationals Assessment of present and future migration flows into the EU, with regard to demographic changes, the situation of labour market, as well as migration pressures from countries and regions of origin Council, on the basis of a Commission proposal Second report on the implementation of the Joint action of 15 July 1996 to be tabled in June 2000 Council / Commission / Member States Commission communication to be submitted by Autumn 2000 Council, on the basis of Commission proposals Conditions of entry and residence for the purpose of (a) family reunification, (b) study or vocational training, unpaid activities, (c) paid employment and self employed economic activity (directives) Standards and procedures for the issue of long term visas and residence permits (directive) Council, on the basis of Commission proposals Council, on the basis of Commission proposals Approximation of the legal status of third country nationals Definition of a set of uniform rights (e. g. the right to reside, receive education and work as an employee or a self-employed person) to be granted to third country nationals who have resided legally in a Member State for a period of time to be determined (directive) Commission proposal for a directive on the right to family reunification submitted to Parliament and Council on 1 December 1999 Studies being carried out on admission for other purposes Study put in hand by the Commission on the legal status of third country nationals who are long- term residents in a Member State of the European Union 2 See also table on “fight against certain forms of crime”. 12 Council, on the basis of Commission proposals Determination of the criteria and of 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, taking account of the consequences for social equilibrium and the labour market (directive) 2. 4. Management of migration flows Management of migration flows should be improved every stage through close cooperation with countries of origin and transit. The fight against criminal networks involved while securing the rights of victims. immigration will be enhanced by combating the illegal Objective Action needed Responsibility Timetable for adoption State of play Data collection started in October 1998 ; second phase (extension to candidate countries, Norway and Iceland) to be launched during the second half of 2000 (after evaluation of the initial phase) Preparatory actions (on the basis of previous feasibility study) financed by ODYSSEUS programme ; Commission’s staff working document to be issued in Spring 2000 Commission to table proposal by the end of 2000 To improve the exchange of statistics and information on asylum and immigration (this exchange should include statistics as well as information on national legislations and policies) Further implementation of the action plan adopted by the Council in April 1998 Commission, in cooperation with Member States Setting up of a (virtual) European Migration Observatory Commission To enhance the fight against trafficking in human beings and economic exploitation of migrants Council on the basis of Commission proposals Adoption measures establishing minimum rules relating to the constituent elements of criminal acts and to penalties in the field of organised crime linked with trafficking of human beings (framework decision) 3 3 See also table on “fight against certain forms of crime”. 13 Detecting and dismantling the criminal networks involved by making the fight against illegal immigration one of the priorites of the operational cooperation Further harmonisation of Member States laws on carrier’s liability (directive) Development of information campaigns on the actual possibilities for legal immigration and for the prevention of all forms of trafficking in human beings Promotion of voluntary return Strengthening the ability of the authorities of those countries to combat effectively trafficking in human beings Helping third countries to cope with their readmission obliga- tions towards the Union and the Member States To conclude read- mission agreements or to include standard clauses in other agreements between the European Community and relevant third countries or groups of countries To assist countries of origin and transit To establish a coherent European Union policy on readmission and return Member States / Europol Council on the basis of a Commission proposal or a Member State initiative Council on the basis of Commission proposals April 2001 Council, on the basis of Commission proposals Recommandation for Commission negotiating mandates for Community readmission agreements with four third countries tabled by Commission on 14 February 2000 14 3. A GENUINE EUROPEAN AREA OF JUSTICE The ambition is to give citizens a common sense of justice throughout the Union. Justice must be seen as facilitating the day-to-day life of people and bringing to justice those who threaten the freedom and security of individuals and society. This includes both a better access to justice and a full judicial cooperation among Member States. 3. 1. Better access to justice in Europe A genuine area of justice must ensure that people and businesses can approach courts and authorities in any Member State as easily as in their own and not be prevented or discouraged from exercising their rights by the complexity of the legal and administrative systems in the Member States. Objective Action needed Responsibility Timetable for adoption State of play Information campaign and publication of “user guides” on judicial cooperation within the Union Commission Ensure legal security and equal access to justice Commission to launch preparatory work Establishment of a permanent information system by a network of national authorities (the European Judicial Network for civil matters) Proposal to establish minimum standards of legal aid Council on the basis of a proposal by the Commission 2001 Preliminary discussions taking place in Council – Commission to launch a feasibility study on data base April 2004 Council on the basis of a Commission proposal or a Member State initiative Commission transmitted a Green Paper in February 2000 – Parliament and Council to examine the Green Paper Commission is preparing a paper on recovery of legal costs and lawyer’s fees as well as on “group actions” Proposal on common procedural rules for small civil and commercial claims, uncontested claims and maintenance claims Council on the basis of a Commission proposal or a Member State initiative April 2004 Commission to launch study on small claims Proposal to establish minimum standards of quality for ADR Member States to set up the extra judicial procedures April 2004 Commission issued a recommendation in 1998 on principles applicable to ADR (Alternative Dispute Resolution) for consumers; Commission is launching on EEJ (European Extra Judicial) net for consumers Ensure legal security and equal access to justice Creation of multilingual forms mutually accepted as valid documents in cross- borders legal proceedings Council on the basis of a Commission proposal or a Member State initiative April 2004 To be included in the programme on mutual recognition of civil and commercial decisions 15 Drawing up of minimum standards for protection of victims Parliament and Council to examine the Commission’s communication Commission transmitted a communication in July 1999 Protect rights to compensant ion and provide assistance to victims Further instruments on approximation of victim’s compensation mechanism 2004 16 3. 2. Mutual recognition of judicial decisions A genuine area of justice must provide legal certainty to people and to economic operators. To that end, judgements and decisions should be respected and enforced throughout the Union. Enhanced mutual recognition of judicial decisions and judgements and the necessary approximation of legislation would facilitate co-operation between authorites and the judicial protection of individual rights. In order to ensure that the priniciple of mutual recognition should become the cornerstone of the judicial co-operation in both civil and criminal matters within the European Union. As regards to civil matters; Objective Action needed Responsibility Timetable for adoption State of play Commission is initiating preparatory studies with a view to presenting a proposal Presidency to organise a conference in July This action is to be included in the programme of measures to implement the principle of mutual recognition This action is to be included in the programme of measures to implement the principle of mutual recognition Enhanced mutual recognition of judicial decisions and judgements, and the necessary approximation of legislation, to facilitate cooperation between authorities and the judicial protection of individual rights Programme of measures on mutual recognition of civil and commercial decisions (containing measures required for mutual recognition and enforcement; abolishing obstacles for small claims and family litigation Council and Commission to adopt a programme Programme to be adopted by the end of 2000 Launching of work on the European Enforcement Order Council on the basis of a Commission proposal or a Member State initiative Proposal on minimum standards on specific areas of civil procedural laws (new procedural legislation on money payments) 17 As regards to criminal matters; Objective Action needed Responsibility Timetable for adoption State of play Make sure criminals have no safe havens Ratification of the 1995 and 1996 EU Conventions on extradition Member States April 2001 Six M-S ratified the 1995 Convention Six M-S ratified the 1996 Convention End 2001 Commission to prepare proposal End 2001 Commission to prepare proposal April 2004 Programme to be adopted by the end 2000 Discussion has started in Council on the basis of UK paper and Commission is to prepare a paper on recognition of final decisions Discussion in Council on the basis of a Presidency paper concerning freezing of assets 4 April 2004 To be included in Commission paper Ensure that decisions taken in one Member State have effect throughout the Union Study on abolition of formal extradition procedures concerning persons fleeing from justice after having been sentenced Providing for fast track extradition procedures Examine the issue of extradition in relation to procedures in absentia Programme of measures on the application of the principle of mutual recognition to be followed by specific instruments Application of mutual recognition to pre-trial orders Examine the feasibility of improved cross- border cooperation on the transfer of proceedings and the enforcement of sentences Council on the basis of a Commission proposal Council on the basis of a Commission proposal Council on the basis of a Commission proposal or a Member State initiative Council / Commission Council on the basis of a Commission proposal or a Member State initiative Council on the basis of a Commission proposal or a Member State initiative 4 See table on “special action against money laundering”. 18 Study the feasibility of extending and possibly formalising the exchange of information on criminal records Council on the basis of a Commission proposal or a Member State initiative April 2004 To be included in Commission paper 3. 3. Greater convergence in civil law In order to smooth judicial cooperation and to enhance access to law, better compatibility and more convergence between the legal systems must be achieved. Objectives Action needed Responsibilty Eliminate obstacles created by disparities in law and procedures New procedural legislation in cross border cases (e. g. provisional measures, taking of evidence, time limits) Council on the basis of a Commission proposal or a Member State initiative. Germany to table an initiative on taking of evidence State of play Timetable for adoption April 2004 Overall study in order to identify and eliminate obstacles to the good functioning of civil proceedings Council should prepare a report End 2001 Commission to prepare a communication Finalising the Brussels and the Lugano Conventions Council on the basis of a Commission proposal April 2001 Council to adopt regulation Drawing up a legal instrument on the law applicable to non- contractual obligations. Council on the basis of a Commission proposal or a Member State initiative April 2001 Commission to prepare draft agreement with Norway, Iceland and Switzerland Commission to issue a communication by Spring 2000 Revising, where necessary, the 1980 Rome Convention. Council on the basis of a Commission proposal or a Member State initiative April 2001 Commission to prepare a communication to be followed, if need be by a draft Regulation Council/ Commission April 2004 April 2004 Preliminary study on the possibility of drawing up a legal instrument on the law applicable to divorce Elaboration of a preliminary study on jurisdiction and applicable law for matrimonial property and successions 19 4. UNIONWIDE FIGHT AGAINST CRIME A balanced development of unionwide measures against all forms of crime, including serious organised and transnational crime, should be achieved while protecting the freedom and legal rights of individuals and economic operators. 4. 1. Preventing Crime at the level of the Union Any efficient policy in the fight against all otherwise, must include also preventive measures of a multidisciplinary nature. types of crime, organised or Integration of crime prevention aspects in actions and programmes against crime at the Union and Member States level. Cooperation between national prevention organisations should be encouraged whilst identifying certain areas of priority. Objectives Action needed Responsibility Timetable for adoption State of play Prevent crime through reduction of opportunities Identification and development of common priorities – political guidelines – to be taken into account when preparing new legislation Council/ Commission/ Member States The Portuguese Presidency to organise a high-level conference in May 2000 Integration of crime prevention aspects in actions and programmes against crime at the Union and Member States level – political guidelines by Council Council/ Commission/ Member States Facilitate cooperation between Member States Exchange of best practices and cooperation between national crime prevention authorities in priority areas, possibly by setting up a Community funded programme addressing inter alia, juvenile, urban and drug-related crime Council / Commission/ Member States 2001 4. 2. Stepping up cooperation in the fight against crime In a genuine area of justice criminals must find no ways of exploiting differences in the judicial systems of Members States To give citizens a high level of protection implies greater cooperation between the authorities responsible for applying the law. To this end, maximum benefit should be derived from cooperation between Member States authorities when investigating cross-border cases. The Treaty of Amsterdam by providing further competences to Europol recognised the essential and central role in facilitating European Cooperation in preventing and combating organised crime 20 Objective Action needed Responsibility Coordinate and where appropriate, centralise proceedings Set up joint investigative teams, as a first step, to combat trafficking in drugs and human beings as well as terrorism – when investigating cross-border crime Adoption of the MLA Convention or Council on the basis of an initiative by a Member State Setting up a unit composed of national prosecutors, magistrates or police officers of equivalent competence – EUROJUST Implement and where appropriate further develop the European judicial network Prevent conflicts of jurisdiction by examining the possibility of registering proceedings pending in different Member States Council on the basis of a Commission proposal or a Member State initiative Council on the basis of a Commission proposal or a Member State initiative Council on the basis of a Commission proposal or a Member State initiative Timetable for adoption Without delay End 2001 State of Play The Council is discussing a proposal presented by the Portugusese Presidency Preliminary discussions on the basis of papers presented by the Portuguese Presidency, Germany and Italy April 2001 Preliminary discussions in Council April 2004 Provide mutual assistance to the fullest extent possible Adoption, ratification and implementation of the Convention on Mutual Assistance in Criminal Matters Council / Member States April 2001 Consider arrangements under which authorities may operate in the territory of another Member State Examine the possibilities for harmonised rules on data protection Drawing up minimum standards Establishment of a European Police Chiefs operational Task Force Council on the basis of a Commission proposal or a Member State initiative Council on the basis of a Commission proposal or a Member State initiative Council on the basis of a Commission proposal or a Member State initiative Council on the basis of a Commission proposal or a Member State initiative Setting up the European Police College – starting as a network of existing national training institutes – open to candidate countries Council on the basis of a Commission proposal or a Member State initiative April 2001 April 2001 Work started in Council on the basis of a discussion paper of the Portuguese Presidency April 2001 2001 2001 Portuguese Presidency to present draft framework decision on victim’s situation in criminal proceedings Council has begun discussion on the basis of a paper presented by the United Kingdom. A meeting of the European Chiefs of Police will take place in April. The Council is discussing the different options for establishing the network on the basis of a paper prepared by the Secretariat Protect rights of victims and provide assistance Develop operational police cooperation and law enforcement training at EU level 21 Implementation of the CIS (Customs Information Systems) and Naples II Conventions. Member States Ongoing To strengthen law enforcement coopereation against smuggling Adoption and ratification of the United Nations' Convention on transnational organised crime and the additional Protocols Council, Member States/ Commission End of 2000 for signature Extend the competence of Europol to cover money laundering general regardless of the offence from which the proceeds originate in 5 Council on the basis of an initiative by a Member State Italy is preparing an initiative in the field of smuggling Common position on UN draft Convention and already three mandates for Commission relating to the Protocols. Negotiations in progress. All these items are under discussion in Council Enhance customs cooperation in the fight against crime and regarding the use of information technology Foster international cooperation in the fight against transnational organised crime Reinforce the role of Europol in facilitating European cooperation in preventing and combating crime with the necessary support and resources Examination on the feasibility of setting up a database of pending cases Europol / Council Appropriate decision by Council needed April 2004 without delay for certain areas Council on the basis of an initiative by a Member State April 2004 Enable Europol to facilitate the preparation of specific investigative actions by the competent authorities of the Member States, including operational actions of joint investigative teams Adopt measures allowing Europol to ask the competent authorities of the Member States to conduct and coordinate their investigations in specific cases and to develop specific expertise which may be out at the disposal of M-S to assist them in investigating cases of organised crime 5 In the field of protection of the financial interests of the Community, the draft revised directive on Money laundering would allow the Commission to assist the national authorities - see also table on “special action against money laundering” 22 Consideration to be given to the possible need to revise Europol Convention to cover new competencies and the question of democratic and judicial control Council / Commission 4. 3. Fight against certain forms of crime With regard to national criminal law, efforts to agree on common definitions, incriminations and sanctions should be focused in the first instance on a limited number of sectors of particular relevance. Agreements on common definitions, incriminations and sanctions regarding serious organised and transnational crime need to be established in order to protect the freedom and legal rights of individual and economic operators. Objective Action needed Responsibility Timetable for adoption State of play Adopt a common approach throughout the EU on cross border crimes Criminalisation of trafficking in human beings and sexual exploitation of children with particular reference to child pornography on the Internet 6 Council on the basis of a Commission proposal April 2001 Commission preparing a communication Common definitions, incrimination and sanctions 7 regarding drug trafficking Council on the basis of a Commission proposal April 2001 Study to be launched by the Commission Common definitions, incrimination and sanctions regarding corruption Council on the basis of a Commission proposal April 2001 Commission is preparing a policy paper Common definitions, incrimination and sanctions regarding environmental crime Council April 2001 Proposal on common incrimination of hooliganism Council on the basis of an initiative by a Member State Denmark tabled (under article 34) a proposal in January 2000 Significant body of relevant Community legislation already in force (Belgium and/or the Netherlands to takethe initiative) 6 7 See also table on “management of migration flows”. See also table on “cooperation against drugs”. 23 Common definitions, incrimination and sanctions of racism and xenophobia (framework decision) Council on the basis of a Commission proposal or a Member State initiative Second report on the implementation of the Joint action of 15 July 1996 to be tabled in June 2000 8 Common definitions regarding prevention and fight against cyber-crime including common incrimination and sanctions on high-tech crime Council on the basis of a proposal of the Commission April 2001 Commission to prepare a communication Criminalisation of fraud to non- cash means of payment Council on the basis of a proposal of the Commission April 2001 Common definitions, incrimination and sanctions regarding counterfeiting of the Euro April 2001 Council to adopt a Framework Decision – complementary measures should follow Commission proposal sent to Parliament and Council in September 1999 Council to adopt the Framework Decision in March 2000. Commission preparing complementary measures Criminalisation of fraud in public tender Reinforcing the legal framework for the protection of the Community’s financial interests Council on the basis of an initiative by a Member State Council and EP on the basis of a Commission proposal April 2001 Germany presented an initiative in March 1999 Commission preparing a proposal 8 See also table on “fair treatment of third country nationals”. 24 4. 4. Special action against money laundering Money laundering is at the very heart of organised crime. For that reason measures must be taken in order to root it out wherever it occurs to ensure that concrete steps are taken to trace, freeze, seize and confiscate the proceeds of crime. Objective Action needed Responsibility Timetable for adoption State of play Deprive criminals from the proceeds of crime Convention or framework decision on financial crime, money laundering Council on the basis of an initiative by France Concrete steps to trace, freeze, seize and confiscate the proceeds of crime Enhance knowledge and capacity to fight money laundering activities Implement fully the provisions of the Money Laundering Directive, the 1990 Strasbourg Convention and the Financial Action Task Force recommendations also in all their dependent territories Member States To adopt the draft revised directive on money laundering Council and Parliament As soon as possible Expedite exchange of information between the existing financial intelligence units (FIU) and, entitle judicial authorities and FIU to receive information regardless of secrecy provisions. Council on the basis of an initiative by Finland Discussion in Council on the basis of a Presidency paper concerning freezing of assets Commission tabled a proposal for a revised Directive in July 1999; Parliament to adopt an opinion and Council to adopt a common position Initiative from Finland for a Council decision. Parliament to give an opinion and Council to adopt. Draw up a report identifying provisions in national banking, financial and corporate legislation which obstruct international cooperation Commission Commission to prepare report Extend the competence of Europol to cover money 9 in general laundering regardless of the offence from which the proceeds originate Council on the basis of a Commission proposal or a Member State initiative Discussion in Council and in Europol Management Board 9 See also table on “stepping up cooperation in the fight against crime”. 25 5. ISSUES RELATED TO INTERNAL AND EXTERNAL BORDERS AND VISA POLICY, IMPLEMENTATION OF ART. 62 TEC AND CONVERTING THE SCHENGEN ACQUIS Objective Action needed Responsibility Timetable for adoption State of Play Further development of a common visa policy Regulation on countries whose nationals are respectively exempt from or subject to visa requirement in the Member States of the European Union Council, on the basis of Commission proposal April 2001 Commission proposal submitted to Parliament and Council on 26 January 2000 Procedure and conditions for issuing visas by Member States Rules on a uniform visa April 2003 April 2001 Commission/ Council/Member States Council, on the basis of Commission proposal Further development of the technical specifications of the uniform format for visas Short term measures 2000- 2002 – long term measures 2004 Proposal on a regulation on an airport transit visa Commission/ Council/Member States April 2001 Closer cooperation between EU consulates in third countries Member States Ongoing process Measures on the freedom to travel within the territory of MS Further development of a common policy related to false documents To render documents more secure, introducing minimum standards for travel documents and residence permits Commission/ Council/Member States Commission/ Council/Member States April 2001 April 2001 To facilitate the detection of false documents, training and equipment Commission/ Council/Member States Ongoing process To enhance the control at the external borders of the Union Close cooperation between the Member States border control services, such as exchange programmes and technology transfer Commission/ Council/Member States April 2001 Rapid inclusion of the applicant States in this cooperation Ongoing process Converting the Schengen acquis Communitarisation of Article 2-2 of the Schengen Convention (safeguarding clause allowing the temporary reintroduction of border controls Council/ Commission Commission preparing a proposal 26 6. CITIZENSHIP OF THE UNION Objective Actions needed Responsibility Timetable for adoption State of play facilitation of Further the right to move and reside freely of Union citizens Regulation updating and revising of rules on the right of entry, movement and residence Commission 2001 Report on the citizenship of the Union Commission By the end of 2000 7. COOPERATION AGAINST DRUGS A s a collective and individual threat, the drugs problem needs to be addressed in a global, multidisciplinary and integrated manner The EU drugs strategy for the years 2000-2004 will also be evaluated at mid-term and at completion, with the help of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol. Objective Action needed Responsibility Timetable for adoption State of Play Implementation of the EU Drugs Strategy for 2000-2004 endorsed by the European Council in Helsinki Report to the European Council on an EU action plan on drugs (2000-2004) Council to prepare report June 2000 Council to prepare a report Strengthening of cooperation with the European Monitoring Centre on Drugs and Drug Addiction and Europol in particular as regards synthetic drugs and precursors Development of a methodology for the evaluation of the EU drugs strategy for 2000-2004 Common definitions, incrimination and sanctions regarding drug trafficking 10 Council / Commission/ Member States Council and Parliament on the basis of proposals of the Commission Council on the basis of a Commission proposal The conference organised by the European Parliament, Council and Commission on drugs policy (28 and 29 February 2000) April 2001 Study to be launched by the Commission 10 See also table on “fight against certain forms of crime”. 27 Enhancement of police customs and judicial cooperation in preventing and combating drugs trafficking Council on the basis of a Commission proposal or a Member State initiative 8. STRONGER EXTERNAL ACTION The European Union underlines that all competences and instrument at the disposal of the Union, and in particular, in external relations must be used in an integrated and consistent way to build the area of freedom, security and justice. Justice and Home Affairs concerns must be integrated in the definition and implementation of other Union policies and activities. Objective Action needed Responsibility Timetable for adoption State of Play The Feira European Council is to agree on clear priorities, policy objectives and measures for the Union’s external action in Justice and Home Affairs June 2000 Council, in close cooperation with the Commission to draw up specific recommendations All competences and instrument at the disposal of the Union, and in particular, in external relations must be used in an integrated and consistent way Justice and Home Affairs concerns must be integrated in the definition and implementation of other Union policies and activities 28