PDF to HTML - Convert PDF files to HTML files

Europaudvalget 2003-04
EUU Alm.del Bilag 1094
Offentligt

PDF udgave (231 KB)

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EUK

13. juli 2004

Med henblik på mødet i Folketingets Europaudvalg den 16. juli 2004 –

dagsordenspunkt rådsmøde (retlige og indre anliggender) samt møde i Det

Blandede Udvalg med deltagelse af Norge og Island på ministerniveau den 19.

juli 2004 – vedlægges formandskabets note vedrørende et nyt arbejdsprogram

for de kommende år på området retlige og indre anliggender, 11122/04 (EN).

PDF to HTML - Convert PDF files to HTML files

COUNCIL OF

THE EUROPEAN UNION

Brussels, 9 July 2004

11122/04

JAI 258

NOTE

from :

to :

Subject :

the Presidency

Coreper/Council

Preparation of the political orientations for the multiannual

programme building the area of freedom, security and justice

INTRODUCTION

The Presidency recalls that the European Council, at its meeting on 17-18 June, agreed

on the Treaty establishing a Constitution for Europe (referred to hereinafter as the

Constitutional Treaty) and invited the Council and the Commission to draw up

proposals for a new programme for the coming years, with a view to resolutely

pursuing the objective of further developing a common area of freedom, security and

justice.

The work programme should be practical, building on work in progress that arose

from the Tampere programme and an evaluation of first-generation measures. The

proposals should help to make substantial progress in enhancing mutual confidence

and promoting common policies for the benefit of all our citizens.

The Presidency, acknowledging the importance of this task, foresees that a substantial

part of the meetings of the Council on 19 July and 25-26 October, as well as the

PDF to HTML - Convert PDF files to HTML files

informal meeting this subject. Home Affairs ministers exploration of common

will be devoted toof Justice andThe work will range fromon 30 September-1 October,

ground for the outlines to an in-depth discussion of outstanding issues and finalisation

of the draft conclusions for the European Council. The Council will adopt the

conclusions at its meeting on 5 November.

This document is intended as a starting point for the initial discussions at the Council

meeting of 19 July on all relevant policy areas with a view to exploring common

ground. It describes the various policy areas that require attention and the main items

for discussion within those areas. The focus should be on collecting Member States’

views on the themes and topics set out in this document, as well as their proposals for

additional items. The document takes account of the Constitutional Treaty, the

Commission’s Communication of 2 June 2004 on the assessment of the Tampere

programme and future orientations

and the EU Plan of Action on combating

terrorism, dated 8 June 2004,

as well as views expressed by members of the Council

during consultations by the Presidency as well as in writing.

Since the European Council has decided that future policies on drugs will be dealt with

in the new drug strategy to be drawn up in December 2004, it does not seem

appropriate to include this item in the discussion in the July meeting. It goes without

saying that the new 2005-2012 drugs strategy should be considered an integral part of

the multiannual programme.

MAIN QUESTION

The Presidency is interested in the Member States’ views on the general direction and

the perspectives of the outline presented in this document and in specific remarks on the

various policy areas.

GENERAL ORIENTATIONS

Much has been achieved since the adoption of the Tampere programme in 1999. The

evaluation of the programme shows that in the past few years a good deal of attention

has been devoted to creating a legal framework for the various aspects of the area of

PDF to HTML - Convert PDF files to HTML files

freedom, security and justice. However, be implementedhave putbe done in the there

years. The legal framework will have to even more will and to into practice, coming

will have to be closer practical and operational cooperation, the accession to the Union

of ten new Member States will have to be accommodated, and possible new challenges

will have to be faced. In particular, the threat of terrorist action will continue to be a

priority item. The next phase of asylum and immigration policy (as outlined in the

Constitutional Treaty) should be initiated.

In the past five years, important steps have been taken towards strengthening the area

of freedom, security and justice. Further details of this area will have to be worked out

in the coming five-year period. Although the Constitutional Treaty stipulates that it will

only enter into force on 1 November 2006 if all the instruments of ratification have

been deposited, the political momentum and the firmer legal basis it creates for the

various policy areas should already be taken into account. The prevention and

repression of terrorism will remain a major political objective in the next years, and one

that will require specific measures. Finally, the integration of ten new Member States,

with their own challenges and legal and judicial traditions, into the existing institutional

and policy network of cooperation will be a major challenge for the further

development of an area of freedom, security and justice in the coming years. In all

policy areas, attention should be given to stronger and better coordinated external

action.

There is little point in trying to indicate what the area of freedom, security and justice

will ultimately look like. Like national legal and judicial systems, this will continue to be

‘work in progress’. Nevertheless, in the coming years substantial steps will have to be

taken towards creating a European legal and judicial system based on the rule of law,

the protection of fundamental rights and respect for the diversity of legal and judicial

traditions in Europe, in which the following needs are met:

adequate access to justice and protection of rights;

a coordinated, cohesive judicial system for civil and commercial matters that

ensures effective jurisdiction and execution of judgements;

effective capacity to regulate cross-border movement of persons and international

order;

the power to protect against external and internal threats to security and to public

and legal order;

integrated capacity to fight organised crime and cross-border crime despite

jurisdictional limitations and procedural obstacles, as well as closer cooperation and

more effective coordination.

PDF to HTML - Convert PDF files to HTML files

In all policy areas, the need for (a) adequate and timely implementation and (b) greater

practical cooperation should be emphasised. The Treaty establishing the European

Community provides for measures to address inadequate implementation in the areas

falling within the scope of Title IV of the Treaty, border controls, asylum and

immigration and cooperation on civil law matters, but Title VI of the Treaty on

European Union, which covers police and judicial cooperation on criminal matters,

does not include a similar system of checks and penalties.

It would seem vital in the short term to develop practical methods that will facilitate

timely implementation of measures based on the Treaty on the European Union.

Measures requiring national authorities’ resources could be accompanied by proper

plans to ensure more effective implementation. Consideration could also be given to

letting the length of the implementation period be more closely related to the

complexity of the measure concerned. Regular progress reports during the

implementation period could serve as an incentive for national action by Member

States. In particular, a monitoring system enabling the Commission to systematically

assess the extent to which national implementing measures conform to the framework

decisions could be developed.

As regards the need for closer practical or operational cooperation in all JHA policy

areas, the measures required vary.

SPECIFIC ORIENTATIONS

Adequate access to justice and protection of rights

1.1 Access to justice and fundamental rights

In developing the area of freedom, security and justice, due account will be taken of the

Charter as incorporated in the Constitutional Treaty and the Explanatory Notes to it,

as well as the European Convention on Human Rights, to which the EU should

accede.

Due attention should be given to the collection and analysis of human rights data with

a view to monitoring EU policy in this field. In this connection, the existing European

Monitoring Centre on Racism and Xenophobia should be transformed into a human

rights agency.

PDF to HTML - Convert PDF files to HTML files

Thought could be given to the need for a single overall framework which would

take account of specific features and requirements concerning protection of

public order and public security and the fight against crime, as well as the

need to ensure a high level of protection of privacy. With specific regard to

criminal procedure, the development of a shared set of procedural safeguards

could help strike the necessary balance between the need to fight crime

effectively and the need to protect individuals’ fundamental rights.

1.2

The European judicial system

In the continuing discussions on the reform of the European judicial system, urgent

attention should be given to how the development of an area of freedom, security and

justice and of the Constitutional Treaty will affect the case load and functioning of the

European Court of Justice.

A coordinated, cohesive judicial system for civil and commercial

matters that ensures effective jurisdiction and execution of

judgements

Much has been achieved through the Tampere programme. The primary goal for

the coming years should be to examine how the new instruments are being

used in practice. An evaluation of this would provide the necessary input for

the preparation of new measures.

2.1 Practical solutions to practical problems

More effective, simpler cooperation on civil matters can be achieved by seeking

practical solutions to practical problems.

EU workshops on the practical application of legal instruments for practitioners

in the Member States would provide appropriate fora for developing such

practical solutions. The exchange of liaison judges between Member States

would facilitate the implementation of the new European instruments adopted

since the Tampere European Council. Promotion of cooperation between

members of the legal professions (such as bailiffs and notaries public) could

encourage the emergence of best practices. The Union should create a forum

for drawing up EU-wide standard terms and conditions of contract law to be

used by companies and trade associations in the Union.

2.2 Unequivocal jurisdiction and mutual recognition

Mutual recognition remains an effective means of empowering citizens and

enabling them to enforce their rights across European borders, including in

PDF to HTML - Convert PDF files to HTML files

matters of family law. Continued implementation ofcoming years. Measures

on mutual recognition will be a main priority in the the working programme

to facilitate mutual recognition, such as standardisation of procedures and

documents, should be developed.

Minimum standards could be drawn up for aspects of procedural law such as

commencement of proceedings, default, execution of judgements and

transparency of costs. The use of modern technology for alternative dispute

resolution and in cross-border cases could be encouraged by developing an

electronic justice programme.

The development of a common frame of reference on contract law would

improve the quality of Community law. The quality and coherence of all

Community law instruments relating to cooperation on civil law matters

could be ensured through more systematic scrutiny by the JHA Council.

2.3 Coordination of the European and international legal order

There needs to be greater coherence between the EU and international legal

order. There could be closer relations and cooperation with international

organisations such as the Hague Conference on Private International Law,

particularly in order to coordinate initiatives for legal instruments. The EU

should take an active part in these fora so as to maximise synergies between

these organisations’ activities and instruments.

Effective capacity to regulate cross-border movement of persons

and international order

The Presidency believes that the next phase in the area of border control, asylum

and migration includes closer practical cooperation, adequate and timely

implementation of measures and further harmonisation of legislation. The

general orientations set out in Section 1 are equally applicable to these policy

areas. Within the EU there needs to be greater coordination on integration

matters.

Five years ago the Tampere conclusions set the stage for the development of a

common EU policy on asylum and migration by identifying four key

elements of such a common policy. The Presidency believes that these four

elements – partnerships with third countries, a Common European Asylum

PDF to HTML - Convert PDF files to HTML files

System, fair treatmentremain highly relevant in the coming years.

migration flows – will of third-country nationals and management of

In this connection, particular attention should be given to finalising existing

action plans – including the action plan to combat illegal immigration and

trafficking in human beings in the EU

as well as the action plans for

management of external borders (June 2002) and return (November 2002) –

and to tackling other outstanding priorities as reiterated in various European

Council conclusions concerning asylum, migration, integration and border

control following proposals by the Commission.

The Presidency also feels there is a need to consider whether to take the decision

mentioned in Article 67, Paragraph 2 of the Treaty establishing the European

Community in order to eliminate the constraints of the present

decision-making process.

3.1 Next phase

The aim should be to deal with asylum and migration issues in a common and

integrated manner that encompasses all stages of migration. What this means

within the EU is a comprehensive approach that takes account of all the

phases of the process, i.e. not only entry and admission but also the

integration or return of migrants. At the same time, the external aspects of the

migration process should be dealt with in all the Union’s external relations.

(a) Development of an integrated border management system and visa policy

One of the aims of the Constitutional Treaty is to draw up policies that ensure

there are no checks on persons crossing internal borders, regardless of

nationality, while ensuring checks on persons and efficient monitoring when

external borders are crossed. Border management has an important role to

play in averting threats to security and to public and legal order.

In this connection, several issues mentioned in the Commission’s

Communication on the assessment of the Tampere programme and future

orientations could usefully be addressed. In particular, the operational role of

the External Borders Agency should be expanded, with further developments

in the field of external border management: coordination mechanisms

PDF to HTML - Convert PDF files to HTML files

between MemberEuropean corps offurther developed complement national

of establishing a States should be border guards to with the long-term goal

border guards. Possible synergies with other agencies operating at the border

should be explored, as should increased cooperation within the new European

Neighbourhood Policy. In this connection, the principle of solidarity and

burden-sharing (including sharing of financial burdens) between Member

States should be fully applied. Priority should be given in the coming years to

creating conditions in which internal border checks between the ‘old’ and

‘new’ Member States can be abolished.

As regards the common visa policy, the security of documents and visa stickers,

as well as ways to improve consular cooperation, should be addressed. This

includes opportunities for common consular activities and further

harmonisation of practices. Priority should be given to operationalising the

VIS and reviewing the Common Consular Instructions, as well as defining a

common approach to the visa facilitation policy in respect of third countries.

(b) Promotion of a genuine common policy for the management of migratory

flows

The Constitutional Treaty also aims to draw up a common immigration policy

that will ensure, at all stages, the efficient management of migratory flows,

fair treatment of third-country nationals residing legally in Member States

and the prevention of, and enhanced measures to combat, illegal immigration

and trafficking in human beings.

The Thessaloniki European Council noted that EU policy should contribute as

effectively as possible to the new demographic and economic challenges the

Union is now facing, and in this connection stressed the need to explore legal

means for third-country nationals to migrate to the Union – taking account of

Member States’ reception capacity - within the framework of an enhanced

cooperation with countries of origin, which will prove beneficial to both

sides.

In pursuance of the Lisbon Strategy, and taking account of economic and

demographic needs, the EU should therefore take further measures to

facilitate the admission of third-country nationals who could play an

important part in the further development of the Union’s ‘knowledge-based

economy’, while respecting the right of Member States to determine the

actual numbers of admissions, as indicated in the Constitutional Treaty. At

PDF to HTML - Convert PDF files to HTML files

the same time, third-country nationals. In to draw up common rules for the of

admission of the Union could endeavour this connection, the exchange

information between Member States needs to be considerably improved.

Furthermore, in order to develop a truly effective common policy that will ensure

orderly migration, the following issues should be addressed as a matter of

priority: stricter control of illegal immigration into the Union through

measures such as preventive checks in closer partnership with third countries,

stricter monitoring of illegal employment within the Union and practical

cooperation on the return and readmission of illegally resident third-country

nationals through all available instruments at EU level.

Another aim of the Constitutional Treaty is to draw up a common policy on

asylum, subsidiary protection and temporary protection based on the

non-refoulement principle, in accordance with the Geneva Convention and

other relevant treaties, so as to ensure that all third-country nationals in need

of international protection are granted appropriate status.

To achieve that goal within the Union, a set of common legal standards along the

lines of the Constitutional Treaty should be part of the next phase of the

Common European Asylum System. The time frame and the need for a

gradual approach in drawing up these common standards should be discussed.

Partnerships and cooperation with third countries will be an essential part of

the external dimension of a common European asylum policy.

(d) Greater coordination on integration

Integration of immigrants should become an essential component of a

comprehensive EU policy on migration. Cooperation between EU Member

States in this field is necessary in order to ensure the fair treatment of

third-country nationals and will be a key aspect of the creation of the area of

freedom, security and justice. Coordination of national integration policies

should lead to participation by all members of society, greater social cohesion

and ultimately a sense of European citizenship.

In order to achieve these goals, several steps need to be taken. A comprehensive

European framework on integration, linking up several policy areas related to

integration, will need to be established. It will therefore be necessary to agree

on a common view of future aims for integration policy, as well as on the

basic principles underlying such a comprehensive framework. Respect for

these basic principles of integration will ensure that initiatives in the various

policy fields concerned do not conflict with the general aims of integration,

whether at national or at EU level.

PDF to HTML - Convert PDF files to HTML files

Although harmonisation of integration policy is clearly neither possible nor

desirable, the Constitutional Treaty mentions the possibility of incentives and

support for action by Member States to promote the integration of

third-country nationals residing legally within their territories. At the

moment, the support required by most Member States is an opportunity to

exchange experience in the field of integration and so learn from each other.

It will therefore be necessary to set up a platform for discussion at various

levels. The National Contact Points on Integration constitute such a platform

at administrative level, and could be strengthened. At ministerial level, an

annual conference of ministers responsible for integration could be envisaged.

3.2 Practical cooperation between Member States

Practical cooperation (including technical assistance) between Member States

will be of key importance in all aspects of border control, asylum,

immigration and integration. Cooperation between the national authorities

responsible for asylum, border control and immigration should be increased

in order to develop common analyses and practices. Exchange of information

on the practical application of Community legislation will facilitate the

application of relevant instruments. Special attention should be paid to data

exchange, especially VIS and SIS-II.

3.3 More vigorous external action

In the EU’s external relations, all powers and instruments must be used in an

integrated and consistent manner to strengthen equal and effective

partnerships and cooperation between the Union and third countries. This

should be done with a view to preventing illegal immigration, resolving

refugee situations, providing better access to durable solutions in the regions

of origin, building capacity in migration and refugee management and

tackling the problem of return. At the same time, officials in the EU and the

Member States responsible for migration and asylum policy should actively

pursue strong and effective working relations with their colleagues

responsible for Foreign Affairs and Development Cooperation.

PDF to HTML - Convert PDF files to HTML files

Protection against external and internal threats to security and to public

and legal order

Prevention of and fight against terrorism will continue to be a major issue over the

coming years. As the EU action plan shows, this will require specific measures. In

addition, the EU should take account of terrorism concerns in all its policies. On the

basis of the action plan, the Counter-Terrorism Coordinator and the Commission

could bring more structure into terrorism policy over the coming years.

The key issues for the next few years are exchange and analysis of information,

operational cooperation, civil protection and crisis management, including the

protection and surveillance of cross-border infrastructure.

4.1

Exchange of information

One of the key issues over the coming years will be to improve and simplify the

exchange and analysis of information, especially on terrorism but also with regard to

serious cross-border crime. Information available to a Member State concerning a

threat to another Member State should be exchanged automatically. The various

initiatives already on the JHA agenda, and the Commission’s Communication on

enhancing access to information by law enforcement agencies should be taken into

account.

Issues to be addressed in pursuing this objective are:

the kind of information that should be exchanged: criminal data and intelligence;

the method of exchanging information: simplification of channels of exchange,

linkage or centralisation of data bases, the role of Europol and Eurojust, and

multidisciplinary exchange of data;

the national authorities to be involved;

possible ways of using the information or intelligence obtained, and limitations on

their use;

development within the Council of capacity to assess terrorist threats (SitCen).

PDF to HTML - Convert PDF files to HTML files

4.2

Operational cooperation

Coordination of operational cooperation is of utmost importance. National authorities

in the Member States should inform each other of preparatory acts with cross-border

implications. In this connection, the concept of national security and public order

needs to be given a European dimension, so that Member States treat a threat to any

other Member State’s national security or public order as a threat to their own national

security or public order.

4.3

Civil protection and crisis management

Another important issue is greater effectiveness of national measures for

preventing and protecting EU citizens against natural and man-made disasters

within the EU, especially in the case of cross-border threats affecting the

safety and security of EU citizens .

In this connection, consideration could be given to further strengthening the EU

civil protection mechanism and existing structures within the Council and the

Commission. The ultimate goal is to further develop an overall EU response

to internal crises and disasters under the responsibility of the JHA Council

and supported by an EU crisis unit, based on existing structures such as the

European Commission’s Monitoring and Information Centre.

The focus of this EU response is twofold: (1) preparation of the necessary

operational coordination measures to tackle internal disasters and crises, on

the basis of scenarios and threat assessments; (2) an effective

decision-making structure that enables the Council to reach quick decisions

about adopting and implementing operational coordination measures, as well

as the implications for Member States.

The essential response capabilities that Member States could make available for

civil protection should be identified on the basis of scenarios. Other steps

could include the development of an EU response to external threats to public

safety, such as SARS.

The relation between the European Union and other international organisations,

such as the UN and NATO, will be further developed in order to enhance the

assistance provided by the Union. There also needs to be more dialogue with

the UN, NATO and other relevant organisations.

PDF to HTML - Convert PDF files to HTML files

Improved capacity to fight organised crime and cross-border crime

If the fight against cross-border crime is to be effective, cooperation between national

law enforcement authorities must not be hampered by jurisdictional limitations and

procedural obstacles. Much progress has been made in developing new instruments

and setting up EU agencies for this purpose. The main challenge over the coming years

will be to improve the way in which these instruments operate, and to strengthen the

operational capacities of enforcement authorities in the Member States and the relevant

EU organisations.

The exchange of information on criminal activities is the basis for cooperation on law

enforcement. Improving and simplifying the exchange of information and improving

the analysis of information at EU level is therefore an issue that will need to be

addressed in the next few years.

5.1

Improving the exchange and analysis of information

Timely access to accurate, up-to-date information is essential if law enforcement

agencies are to detect, prevent and investigate crime effectively. In the coming years,

substantial progress will have to be made in improving and simplifying the exchange of

information between enforcement authorities. Issues to be addressed in this

connection are the simplification of channels of exchange, linkage or centralisation of

data bases and the role of Europol. A number of specific initiatives in this area are

already on the JHA agenda, but additional measures will probably be necessary.

A related issue is the improvement of Europol’s crime situation reports. Consideration

could be given to the development of a ‘threat assessment’ by Europol in order to

identify threats from organised crime and other cross-border crime. Such a threat

assessment could form the basis for further operational actions by the competent

authorities in the Member States. In this connection, the development of

‘intelligence-led policing’ could be another way of improving the collection, analysis

and operational use of information.

PDF to HTML - Convert PDF files to HTML files

5.2

Police cooperation

Europol should become a more central and effective player in the fight against serious

cross-border crime. In this connection, speedy ratification of the three Protocols to the

Europol Convention is of the utmost importance . Europol could function more

effectively if the JHA Council defined more specific aims for it (focus on specific areas,

quantity and quality of cases handled and analyses produced, etc.). Closer, more

systematic cooperation between Eurojust and Europol must be achieved and

monitored on the basis of the agreement between the two organisations. Before

extending Europol’s powers as set out in the Constitutional treaty, further thought

should be given to the possibility of broadening the types of information to be

forwarded to Europol by Member States, particularly information on current

investigations.

Police cooperation could be made even more efficient and effective by facilitating

cooperation on specified themes between the Member States concerned, where

appropriate by establishing joint investigation teams. Problems encountered by a group

of Member States only could lead to a joint approach under the provisions of the

Treaty, by the member States concerned, where necessary supported by Europol and

Eurojust. In specific border areas, closer cooperation and greater coordination may be

necessary to deal with crime and threats to public security and national safety.

The solutions found should be shared with all Member States as best practices. In this

connection, the role of the Police Chiefs’ Task Force should be further defined and

clarified.

5.3

Judicial cooperation

Cross-border judicial cooperation can be simplified and facilitated by reducing existing

legal obstacles and by increasing coordination of investigations and prosecutions in

multilateral cases.

The gradual development of a system of mutual recognition of judicial decisions in

criminal cases, as described in the programme of measures drawn up by the Council in

2000

and as foreseen by the Constitutional Treaty, will therefore be a major priority

over the coming years. The obtaining of evidence and the exchange of information on

criminal records are important issues in this connection. When developing other

instruments, the lessons learned should be taken into account by a thorough evaluation

of existing instruments such as the European Arrest Warrant.

PDF to HTML - Convert PDF files to HTML files

Harmonisation of legislation could also facilitate practical cooperation, as long as its

main aim is to remove obstacles to mutual recognition or fill up gaps in national

legislation that hamper cooperation.

To ensure more effective implementation within national systems, JHA ministers

should be responsible within the Council for defining criminal offences and

determining penalties in general.

Eurojust should be allowed to play a more central part in supporting and coordinating

the investigation and prosecution of cross-border organised crime involving several

Member States. Like Europol, Eurojust could function more effectively if the JHA

Council defined more specific aims for it (focus on specific types of crime, quantity

and quality of cases handled and analyses produced, etc.). Closer cooperation with

Europol should be achieved on the basis of the agreement mentioned above.

Incentives for cooperation between law enforcement authorities in the Member States

and Eurojust should be developed to ensure that the fullest use is made of the latter

organisation. Progress in this field should be monitored closely by the Council.

For the longer term, the discussion could focus on what specific form the extension of

powers proposed in the Constitutional Treaty should take. The creation of the

European Public Prosecutor from Eurojust could be part of this discussion.

5.4

Mutual trust and confidence building

Police and judicial cooperation could be further enhanced by strengthening mutual

trust and confidence building. In an enlarged European Union, an explicit effort should

be made to improve national law enforcement authorities’ understanding of the

working of Member States’ legal systems and organisations and of developments at EU

level. Exchange programmes for such authorities will facilitate cooperation, particularly

in recognising each other’s decisions. Consideration should be given to the

development of an EU component for use in the training of national law enforcement

officers and to the creation of a European training network.

5.5

More vigourous external action

Cooperation between the EU and third countries should be continued and

strengthened, particularly where there is a well-defined need for cooperation or

assistance. Specific attention should be given to the development of more closely

PDF to HTML - Convert PDF files to HTML files

integratedterrorismbetween the present second and third pillars, particularly with regard

to drugs, policies and organised crime, as indicated in the European Security Strategy

adopted by the European Council in December 2003.

More generally, there is a need

to improve coordination between EU Member States with regard to international

organisations.

--------------------------

COM (2004) 401 final.

10010/2/04 REV 2.

OJ C 142, 14 June 2002.

For example, Conclusion 9 of the European Council of 17-18 June 2004 refers to the new

European Border Management Agency, the Plan for the Management of the Maritime

Borders, a financial instrument for return management and the Commission’s

Communications on entry to the Union of persons in need of international protection

[access to durable solutions] as well as the Communication on the links between legal and

illegal immigration. Other relevant proposals include the Communications presented on 19

July on the establishment of a single procedure for the processing of applications for

protection in the Member States, the Annual report on Migration and Integration in Europe

PDF to HTML - Convert PDF files to HTML files

COM(2004)429/4.

and the Communication

on a common readmission/return policy.

OJ C 12, 15 January 2001.

“A secure Europe in a secure world”, 12 December 2003