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Europaudvalget 2004-05 (2. samling)
Det Europæiske Råd 16-17/6 2005 Bilag 4
Offentligt

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EUK

14. juni 2005

Til underretning for Folketingets Europaudvalg vedlægges i forbindelse med

Det Europæiske Råds møde i Bruxelles den 16.-17. juni 2005 Rådets og

Kommissionens handlingsplan til gennemførelse af Haag-programmet,

9778/2/05 REV 2.

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COUNCIL OF

THE EUROPEAN UNION

Brussels, 10 June 2005

9778/2/05

REV 2

LIMITE

JAI 207

NOTE

from :

to :

No. prev. doc:

Subject :

Council/Commission

European Council

9246/2/05 JAI 184

8922/05 JAI 163

Council and Commission Action Plan implementing the Hague Programm

strengthening freedom, security and justice in the European Union

In response to the request from the European Council, the Council and the

Commission have adopted on 2/3 June 2005 the appended Action Plan

translating the Hague Programme into specific measures. By adopting it, the

Council and the Commission reiterate the importance which they attach to

the correct and timely transposition of legislative acts adopted, to the effecti-

ve implementation of measures agreed, and to their evaluation in practice. In

that connection, the European Council has invited the Commission to provi-

de it with an annual report on the implementation of the Action Plan.

The programme is based on the Commission communication (8922/05),

which the Council welcomes and has studied with the greatest interest.

The Council invites the European Council to take note of the appended Ac-

tion Plan.

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

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GENERAL ORIENTATIONS

The Council and the Commission intend this Action Plan to be the frame of refe-

rence for their work over the next five years, it being understood that it:

is to be supplemented by the Drugs Action Plan submitted to the Coun-

cil/European Council for approval (8652/1/05 REV 1 + COR 1), by the

Plan of Action on Combating Terrorism adopted by the European Council

at its meeting on 17 and 18 June 2004 (10586/04) and by the strategy on

the external aspects of the area of freedom, security and justice which will

be submitted to the European Council in December 2005;

must retain a degree of flexibility, for example in order to take the greatest

possible account of the demands of current events;

will be updated at the end of 2006, so that the European Council can estab-

lish the Union's legislative and operational priorities in the field of justice

and home affairs;

sets out the list of legislative (in italics) and non-legislative measures which

the Council and the Commission consider necessary to put into practice

the guidelines set in the Hague Programme. Adoption of the list is without

prejudice to the scope or content of the proposals for measures which will

be negotiated in compliance with the provisions of the Treaties. Except

where otherwise indicated, the plan specifies the date by which it is ex-

pected that the Commission or a Member State will take an initiative;

will be implemented in strict compliance with the legal bases laid down in

the Treaties and the principles of solidarity, subsidiarity and proportionali-

ty;

will seek to ensure a better coherence among legal instruments;

does not interfere with the Commission's right of initiative in the matters

dealt with in Title IV of the TEC or with the Commission's and the Mem-

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ber States' rights of initiative in those dealt with in Title VI of the TEU;

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takes due account of the debates which have taken place within the European

Parliament with a view to and following the presentation by the Commis-

sion of its communication (8922/05) and is without prejudice to the institu-

tional prerogatives of the European Parliament.

1.1.



Evaluation

Setting up of a system for objective and impartial evaluation of the

implementation of EU measures in the field of Freedom, Security

and Justice

–

Communication on and

Proposal for the creation of an evaluation

mechanism, as envisaged by Article III-260 of the Constitutional

Treaty

(2006)

1.2.



Respect for and active promotion of fundamental rights

Framework Programme "Fundamental Rights and Justice" under

the new Financial Perspectives (2005)

(a)

(b)

Proposal for a Decision establishing a specific Programme on

Citizenship and Fundamental Rights (2005)

Proposal for a Decision establishing a specific Programme on the

Fight against violence (Daphne) and drugs prevention and infor-

mation (2005)



Accession of the European Union to the European Convention for

the protection of human rights and fundamental freedoms (infor-

mal discussions to be started in 2005)

(c)

Proposal extending the mandate of the European Monitoring

Centre on Racism and Xenophobia towards a Fundamental

Rights Agency (proposal in 2005)



Promotion and protection of women and child rights

(d)

(e)

(f)

Daphne II programme: 2006 work programme (2005)

Study on prevention measures to combat violence against women

(2006)

Communication on the protection of the rights of the child (2005)



Protection of Personal Data

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(g)

Communication on the follow-up measures to the Work Pro-

gramme for a better implementation of the Data protection Di-

rective (2005)

(h) Communication on PETs (Privacy Enhancing Technologies)

(2005)

(i)

Proposal for a legislation on the protection of Personal Data in the

context of police cooperation and judicial cooperation in criminal

matters (see point 3.1 (c))

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1.3.

European Court of Justice

(a)

Proposal on means to enable the European Court of Justice to

handle requests for preliminary rulings concerning the area of

freedom, security and justice (2006).

1.4.



European Strategy on drugs

EU Action Plans on drugs 2005-2008 (2005) and 2009-2012

(2009)

(a) Continuous evaluation of the EU Action Plan on Drugs

2005-2008 (annual)

(b)

(c)

(d)

Green Paper on the role of civil society in formulating policies in

the drugs field (2006)

Report on the implementation and functioning of the Framework

Decision on drugs trafficking (2007)

Progress report on and impact assessment of the EU Action Plan

on drugs 2005-2008 (2008)

(e) Communication on an EU Action Plan on drugs 2009-2012

(2009)

1.5



External relations

Strategy on all the external aspects of the Union policy on freedom,

security and justice, based on the measures developed in the Hague

programme (2005)

–

Communication on all the external aspects of the Union policy on

freedom, security and justice (mid-2005 – contribution to the

Strategy).

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2.1.

STRENGTHENING FREEDOM

Citizenship of the Union

(a)

Reports on the application of Directives 90/364, 90/365 and

93/96 on the right of residence of pensioners, students and inac-

tive persons and of

Directive 93/109/EC on the right to vote in the EP elections, in-

cluding in the new Member States and, if appropriate, proposals

for the amendment of the latter Directive (2005/2006)

Proposal to facilitate diplomatic and consular protection (2006)

Proposal on provisions and conditions required for a European

citizens' initiative (2007)

Examination of possible measures to strengthen and to add to the

rights laid down under the citizenship provisions of the Treaties

(Article 22 TEC) (2008)

(b)

(c)

(d)

(e)



Allowing EU citizens and members of their family to move within

the European Union on similar terms to nationals of a Member

State moving around or changing their place of residence in their

own country

(f)

(g)

Control of transposition, compliance and correct application of

Directive 2004/38/EC on free movement and residence (2006)

Report on application of Directives 90/364/EEC, 90/365/EEC and

93/96/EEC on free movement and residence and on the situation

of the nationals of the new Member States (2006)

Report on application of Directive 2004/38/EC on free movement

and residence and, if appropriate, proposals for the amendment

of the Directive (2008)

(h)

2.2.



Asylum, migration and border policy

Framework Programme "Solidarity and Management of Migration

Flows" under the new Financial Perspectives (2005)

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

Common analysis of migratory phenomena in all their aspects (Re-

inforcing the collection, provision, exchange and efficient use of

up-to-date information and data)

(a)

(b)

(c)

Annual reports on migration and asylum statistics (ongoing)

Adoption of an EU Framework Regulation on the collection of

migration and asylum statistics (2005)

Green Paper on the future of the European Migration Network

(2005), possibly followed by a

proposal establishing a European

Migration Monitoring Centre (2006)

Proposal for a mutual information system on migration issues

(2005)

(d)

2.3.

Common European Asylum System

(a)

(b)

Adoption of the Asylum Procedures Directive (2005)

Conclusion of the so-called "parallel agreements" with Denmark

in "Dublin II" and "Eurodac" (2005)



Evaluation of the first phase legal instruments

(c)

Monitoring the transposition and implementation of first phase

instruments (2005

ongoing)



Second phase of development of a Common European Asylum Sys-

tem, establishment of a common asylum procedure and a uniform

status for those who are granted asylum or subsidiary protection

(d)

(e)

Proposal on long-term resident status for beneficiaries of inter-

national protection (2005)

Second-phase instruments and measures to be presented to the

Council and the European Parliament (adoption before the end of

2010)



Studies on the implications, appropriateness and feasibility of joint

processing of asylum applications

(f)

(g)

Study on the joint processing of asylum applications within the

Union (2006)

Study, to be conducted in close consultation with the United Na-

tions High Commissioner for Refugees (UNHCR), on joint pro-

cessing of asylum applications outside EU territory, (2006)

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

Cooperation between Member States relating to the Common Euro-

pean Asylum System, after the establishment of a common asylum

procedure

(h)

Establishment of structures involving the national asylum ser-

vices of the Member States for promoting cooperation (Commu-

nication – 2005)

Establishment of a European support office in charge of all forms

of cooperation concerning a common asylum system on the basis

of an evaluation.

(i)



Establishment of the European Refugee Fund (ERF) 2005-2013 to

assist Member States in the processing of asylum applications and in

the reception of certain categories of third-country nationals

(j)

(k)

Final Report on the

European Refugee Fund

(2005)

Proposal for amending the

European Refugee Fund

decision to

assist Member States in the reception of certain categories of

third-country nationals (2005)

Approvals of

European Refugee Fund

national multiannual

programming (2005,

2008 and 2011)

(l)

2.4.



Legal migration including admission procedures

Developing policy on legal migration

(a)

Assessment and monitoring of the transposition and implementa-

tion of first phase directives on legal migration (from

2005 on-

wards)

Debate on Green Paper on economic migration (2005)

On the basis of the outcome of the public consultation on the

Green Paper on economic migration, presentation of a Policy

Plan on legal migration, including admission procedures (2005)

(b)

(c)

2.5.



Integration of third-country nationals

Establishment of a coherent European framework for integration

(a)

Communication on a European framework for integration (2005)

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

Promotion of the structural exchange of experience and infor-

mation on integration

(b)

(c)

(d)

(e)

Management of INTI preparatory actions (2005-2006)

Annual reports on immigration and integration (2005

ongoing)

Handbook on integration (second

edition 2006, ongoing)

Development of a website on the Internet (2006)

2.6.

Fight against illegal immigration

(a)

(b)

(c)

Contribution to management of immigration liaison networks in

relevant third countries (2005

ongoing)

Annual report on the common policy on illegal migration (2005

ongoing)

Adoption of a Commission Decision establishing a secure

web-based information network for Member States migration

services (ICONET) (2005)

Proposal for the conclusion and signature of the Council of Eu-

rope Convention on action against trafficking in human beings

(CAHTEH) (2005)

Realisation by Member States of targets for reducing the informal

economy as set out in the European employment strategy

Presentation by the Commission of a report which may include

instruments for fighting against illegal work

(d)

(e)

(f)



Establishment of an effective removal and repatriation policy based

on common standards and closer cooperation and mutual technical

assistance

(g)

(h)

(i)

Proposal on return procedures (2005)

Launching of the preparatory actions for financial support to Re-

turn Management (2005)

Appointment of a Commission Special Representative for a

common readmission policy (2005)

In ad d ition, com p lem entary activities are u nd ertaken in the fra m ew ork

of the Eu rop ean Em p loym ent Strategy and the Social Inclu sion Process.

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(j)

Conclusion of Community readmission agreements and manage-

ment of existing agreements (timely)

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2.7.



lum

External dimension of asylum and migration

Cooperation with third countries in managing migration and asy-

(a)

(b)

(c)

(d)

Communication on migration and development (2005)

Revised version for 2006 of the reference document of the AE-

NEAS Programme, 2004-2006 (2005)

Completing the integration of migration into the Country and Re-

gional Strategy Papers for all relevant third countries (2005)

Conclusions in order to intensify Member States cooperation in

preventing further loss of life resulting from attempts to enter the

EU illegally, mainly in the Mediterranean (2005)



Development of EU-Regional Protection Programmes

(e)

(f)

Plan of action for EU Regional Protection Programmes, including

EU resettlement scheme (2005)

Launching pilot protection programmes (2005)



Intensified cooperation with countries of transit to enable these

countries better to manage migration and to provide adequate pro-

tection for refugees

(g)

Report on progress and achievements in asylum and migration,

within the context of the European Neighbourhood Policy (2005)

2.8.



Border management, biometrics, information systems and visa pol-

icy

Abolition of controls on persons at the internal borders

(a)

(b)

(c)

(d)

Proposal on SIS II legal instruments (2005)

Start of evaluation of the implementation of the non-SIS II related

acquis in the new Member States (2006)

Evaluation of SIS II related acquis in the new Member States (af-

ter SIS II operational – 2007)

Adoption of a Council Decision on the lifting of controls at the

borders with and between the new Member States, when all re-

To be consid ered w ithin the fram ew ork of the new financial p ersp ect i-

ves.

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quirements regarding application of the Schengen acquis have

been met and once the Schengen Information System (SIS II) has

become operational (2007)

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(e)



Proposal for supplementing the existing Schengen evaluation

mechanism with a supervisory mechanism (2007)

Establishment of an integrated management system for external

borders

(f)

Proposal on the setting up, the powers and the financing of

teams of national experts to provide technical and operational

assistance to Member States in the control and surveillance of ex-

ternal borders within the framework of the Border Management

Agency (2007)

"Handbook for Border Guards" (after

adoption of the Community

Code on the rules governing the movement of persons across

borders)

Evaluation report on the External Border Agency, including a re-

view of the tasks of the Agency and an assessment of whether it

should concern itself with other aspects of border management

(including the evaluation of the functioning of the teams of na-

tional experts and the feasibility of a system of European border

guards) (2007)

(g)

(h)



Partial application of the Schengen acquis

(i)

(j)

Adoption of a Council Decision on the partial implementation of

the Schengen acquis by Ireland (2006)

Adoption of a Council Decision on the partial implementation of

the Schengen acquis (SIS) by the United Kingdom (2005)



Coherent approach and harmonised solutions in the EU on bio-

metric identifiers and data

(k)

Proposal modifying the Common Consular Instructions concern-

ing standards and procedures for taking biometric data, includ-

ing the obligation to provide such data and specifying the excep-

tions to this obligation (2005)

Preparation for the development of minimum standards for na-

tional ID-cards (from 2005 onwards)

Preparation for the development of minimum standards for sec-

tor-specific ID-cards, if appropriate (from 2005 onwards)

(l)

(m)

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(n)

Widespread use of biometric identifiers concerning travel docu-

ments, visas, residence permits, EU citizens' passports and infor-

mation systems (from

2006 onwards)

Communication on enhanced synergies between SIS II, VIS and

Eurodac

(2006)

(o)

Taking into accou nt d evelop m ents w ith regard to au thentication, certi-

fication, d igital signatu res and e-Governm ent services.

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2.9.

Visa policy, including the development of the Visa Information Sys-

tem (VIS)

(a)

Meetings with third countries of the positive visa list in order to

ensure visa-free travel for citizens of the Member States to all

those third countries in the context of the new reciprocity mecha-

nism soon to be adopted (ongoing,

to be combined with the re-

view of the visa list)

Proposals relating to the necessary amendments to further en-

hance visa policies and the establishment of common application

centres for visas (2005)

Regular review of the visa list (Regulation No 539/2001) (regu-

larly)

Proposal on visa facilitation procedures for members of the

Olympic Family – Turin 2006 (2005)

Report on the implementation of Regulation No 1295/2003 "Visa

facilitation procedures for members of the Olympic Family –

Athens 2004" (2005)

Proposal amending the Common Consular Instructions on visa

fees (2005)

Proposals on transit (2005)

Recommendation for negotiating directives for visa waiver

agreements between the EC and third countries on the conditions

to move freely within the Union for a period between three and

six months (2005 ongoing)

Adoption of a proposal establishing a regime on local border

traffic (2005)

Report on the operation of the Kaliningrad transit scheme (2005)

Kaliningrad facility

Schengen Facility for seven Member States

Specific recommendations for negotiating directives on visa facil-

itation on a case by case basis with third countries in the context

of the EC readmission policy, where possible and on the basis of

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

The Kaliningrad Facility w ill be rep laced by sp ecific p rovisions w ithin

the p rop osed External Bord er Fund for the p eriod 2007-2013 as p art of the fram ew ork

p rogram m e "Solid arity and the Managem ent of m igration flow s".

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reciprocity, with a view to developing a real partnership on mi-

gration management issues (2005-2009)

(n)

Proposal on the review of the Common Consular Instructions,

concerning in particular local consular cooperation (2006)

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(o)

Technical implementation of the VIS, starting with the function-

alities for processing alphanumeric data and photographs (2006)

and adding the functionalities for biometric data (2006)

Proposal on the creation of common visa offices (2007)

(p)

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

STRENGTHENING SECURITY

Framework Programme "Security and Safeguarding Liberties" un-

der the new Financial Perspectives (2005)

(a)

(b)

Proposal for a Decision establishing a specific Programme on

"Prevention of and fight against crime" (2005)

Proposal for a Decision establishing a specific Pro-

gramme on "Prevention, Preparedness and Consequence Man-

agement of Terrorism" (2005)

3.1.

Sharing of information among law enforcement and judicial au-

thorities while striking the right balance between privacy and secu-

rity

(a)

Adoption of a legislative instrument on the retention of data pro-

cessed in connection with the provision of public electronic com-

munication services for the detection, investigation and prosecu-

tion of criminal offences (2005)



Availability principle and protection of personal data

(b)

(c)

Proposal on the establishment of a principle of availability of law

enforcement relevant information (2005)

Proposal on adequate safeguards and effective legal remedies for

the transfer of personal data for the purpose of police and judi-

cial cooperation in criminal matters (2005)

Adoption of a proposal for a Framework Decision on simplifying

the exchange of information and intelligence between law en-

forcement authorities of the Member States of the EU (2005)

Proposal on access by law enforcement to the VIS (2006)

Development of the Europol Information System (2006)

(d)

(e)

(f)

(g) Development of links between the SIS II and the Europol infor-

mation system (2007)

(h)

Implementation of the principle of availability, concerning the

following areas:

–

DNA (2005)

– fingerprints (2006)

– ballistics (2006)

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– telephone numbers (2006)

– vehicle registrations (2006)

– civil registers (2006)

(i)

Communication on enhanced synergies between SIS II, VIS and

Eurodac (2006)

(j) Proposal for a general Community architecture on foren-

sic/police databases (2008)

(k)

Definition of a policy for a coherent approach on the development

of information technology to support the collection, storage, pro-

cessing, analysis and exchange of information (2005)



Exchange of data on PNR

(l)

Proposal concerning a common EU approach to the use of pas-

senger data for border and aviation security and other law en-

forcement purposes (2005)

(m) Joint review on the Air Passengers Data (PNR) agreement with

the USA (2005)

(n)

(o)

Completion of negotiations of PNR agreements with Canada and

Australia (2005), and with other countries if necessary

Definition of international guidelines ensuring a high degree of

protection of privacy for access to PNR data in the framework of

the International Civil Aviation Organisation (ICAO)

3.2.



Terrorism

Further development of an overall approach to combat terrorism

(a) Further implementation of the EU Action Plan on Combating Ter-

rorism

(b) Follow-up to the pilot project in favour of victims of terrorism

(2006)

(c)

Reinforcement of cooperation between the competent authorities

to combat terrorism through the development of specialised con-

tact points in Member States, which will have access to all neces-

sary information and intelligence with respect to terrorist activi-

ties involving persons, groups or entities (2005)

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(d)

Examination of the necessity and feasibility of the setting up of a

European Law Enforcement Network (LEN) for the fight against

terrorism (2005)

and if necessary proposal for its setting up

(2006).

Communication on greater security of explosives, bomb-making

equipment (2005)

(e)

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(f)

(g)

(h)

(i)

Communication of the Commission on violent radicalisation and

strategy of the Council on radicalisation and recruitment (2005)

Proposal for preventing misuse of charitable organisations for

the financing of terrorism (2006)

Communication on results of the peer evaluation mechanism on

terrorism in the 25 Member States (2006/2007)

Identification of need and scope for legal instruments to ensure

that all Member States can freeze assets of designated persons on

a preventive basis in accordance with Special Recommendations

of the Financial Action Task Force (2007)

Contribution to the ongoing work on thwarting the production and

spread of chemical, nuclear and biological arms (2007)

Development of the ATLAS cooperation and its legal framework

(2006)

Build capacity in third countries to fight terrorism and appropriate

clauses on counter-terrorism in the agreements to be concluded by

EU/EC with third countries

(j)

(k)

(l)

(m) Develop public/private partnerships to improve the prevention

and the fight against terrorism



Review and adaptation of EU legislation in parallel with measures

to be adopted in order to combat terrorism

(n)

Second report based on Article 11 of the Council Framework De-

cision of 13.6.2002 on combating terrorism (2005) and evaluation

(2006)

3.3.

Prevention of and fight against organised crime

(a)

Communication on developing a strategy on tackling organised

crime (2005)



Improve the knowledge of organised and serious crime and

strengthen the gathering and analysis of information

(b)

(c)

(d)

(e)

Communication on an action plan – EU Crime statistics (2005)

Commission working paper on criminal intelligence-led law en-

forcement (2005)

Recommendations for a standard methodology for vulnerability

in crime proofing

(2007)

Presentation of a European Crime report (2007)

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(f)

Organised Crime Threat Analysis by Europol (as of 2006)

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

Strengthen prevention of organised crime

(g)

(h)

Crime-proofing of legislation and the design of crime preventive

measures into products and services (2005)

Report on the results of a study further to the Council resolution

of 2001 on the contribution of civil society in finding missing or

sexually exploited children (2005)

Action Plan on private/public partnerships to protect public or-

ganisations and private companies from organised crime (2006)

Improving European coordination and cooperation between

high-tech crime units in Member States, and with the private sec-

tor (Cyber crime Intelligence Network) including the develop-

ment of a European Cyber crime manual (2006)

Communication on cyber crime and cyber security policy (2006)

(i)

(j)

(k)



Anti-corruption measures:

(l)

Examination of the need for codes of conduct on ethics and integ-

rity for public officials (2007)

(m) Proposal introducing certain obligations on certain categories of

officials with regard to reporting bribery as well as the disclosure

of assets and business interests (2009)



Strengthen tools to address financial aspects of organised crime

(n)

Initiatives to promote use of financial investigation as a law en-

forcement technique and to establish common minimum training

standards (2005-2007):

(o) Common set of training standards in financial investigation skills

(2005)

(p)

Recommendation for a Memorandum of Understanding regarding

feedback from financial intelligence units to reporting bodies on

suspicious transaction reports (2006)

Recommendation and/or proposal to enhance transparency of le-

gal entities to reduce vulnerability to infiltration by organised

crime (2006)

Promotion of the establishment of criminal asset intelligence units

in EU Member States (continuous)

Examination of standards for the return of confiscated or forfeited

assets as compensation or restitution to identifiable victims of

crime or charitable organisations (2008)

(q)

(r)

(s)

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

Improve legislation and review existing legal instruments where

needed

(a)

(b)

(c)

(d)

Adoption of a Framework Decision on participation in a criminal

organisation (2006)

Legislative package on the fight against counterfeiting (2005)

Communication on trafficking in human beings (2005)

Review and, where appropriate, further development of present

legislation on trafficking in human beings, for example in order to

facilitate public-private cooperation, EU wide coordination and

the involvement of Europol (2006)

Review and, if necessary, further development of the legal frame-

work preventing and combating trafficking in human organs, tis-

sues and cells (2006)

Review and, if necessary, strengthening of present legislation on

confiscation of criminal assets (2008)

Comparative study to evaluate the need for instruments to combat

activities of Organised Crime related to Fiscal Fraud within EU

Member States and acceding and candidate countries' (2005)

On the basis of the study, Proposal for legislation in criminal

matters, in the field of organised crime related to fiscal fraud or

on standards and best practices for the purpose of improving law

enforcement cooperation(2007)

Proposal on identity theft and identity management measures

(2007)

Examination of the initiative on combating fraud in public tenders

(2006)

Study and research on the need for further approximation of legis-

lation, e.g. in the fields of illicit arms trafficking, racketeering and

extortion

(2008)

(e)

(f)

(g)

(h)

(i)

(j)

(k)



Improve monitoring and evaluation

(l)

Second report based on Article 6 of the Council Framework Deci-

sion of 26 June 2001 on money laundering, the identification,

tracing, freezing, seizing and confiscation of instrumentalities and

the proceeds of crime (2005)

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(m) Second report based on Article 14 of the Council Framework De-

cision of 28 May 2001 combating fraud and counterfeiting of

non-cash means of payment (2005)

(n)

Implementation report Framework Decision "Private sector cor-

ruption" (2005)

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(o)

Report on the implementation of the Framework Decision of 27

January 2003 on Protection of the environment through criminal

law (2005)

Report on the implementation of the Framework Decision on

Confiscation of Crime-Related Proceeds, Instrumentalities and

Properties (2007)

Evaluation regarding Member States' implementation of customs

cooperation (Naples II Convention) including the ratification sta-

tus (2007)

Evaluation regarding Member States' anti-corruption policies

(2009)

Evaluation regarding measures to combat financial crime (2010)

(p)

(q)

(r)

(s)

3.4.

Police and customs cooperation

(a)

Implementation and evaluation of the work programme concern-

ing customs cooperation approved by the JHA Council on

30.3.2004 following the Council Resolution of 2.10.2003 on a

strategy for customs cooperation (2004-2006)

Communication on the fight against illicit cross-border trafficking

in restricted or prohibited goods (2007)

Proposal on the development of Europol and on the role of the

European Parliament and national parliaments in the scrutiny of

Europol's activities (to enter into force no later than 1 January

2008)

(b)

(c)



Improvement of law enforcement cooperation and development of

the Schengen acquis in respect of cross-border operational law en-

forcement cooperation

(d)

Follow-up to the Communication and Proposal on improvement

of law-enforcement cooperation in particular at the internal bor-

ders between Member States (2005)

Communication and

proposal for a Directive on improved

transport safety and increased security through the creation of an

area of police and judicial cooperation on the Trans European

transport Networks (2005)

Updating of the SIRENE manual (2005)

Further work with respect to police standards (police ethics,

monitoring programmes) (2008)

Definition of quality standards of forensic laboratories (2008)

(e)

(f)

(g)

(h)

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

Systematic exchange programmes for law enforcement officers'

authorities

(i)

Adoption of a proposal aimed at amending the decision establish-

ing CEPOL (European Police College) as a body of the Union

(2005)

Evaluation of CEPOL (2006) and , if appropriate, further devel-

opment (2006)

(j)



Improvement of operational cooperation

(k)

Development of a common methodology and setting up of

short-duration joint customs and police operations and/or multi-

disciplinary joint teams

(continuous)

Elaboration of minimum standards for the cross-border use of in-

vestigation techniques

(2006)

(l)

(m) Best practice guide for the promotion and expansion of the use of

special forms of cooperation for customs administrations as pro-

vided by the Naples II Convention (2008)

(n)

Improvement of European cooperation between anti-corruption

bodies and examination of the setting up of a network between

anti-corruption authorities (including police, judicial, prosecutori-

al and customs) (2007)

Definition of a policy on the relationship between Europol and

Eurojust (no later than

2008)

Definition of the role of the security committee (COSI) (no

later

than 1 November 2006)

Review and, where appropriate, further development of the cus-

toms IT-systems (continuous)

Implement the conclusions of the Council of19 November 2004

related to the fight against organised crime in the Western Bal-

kans

(o)

(p)

(q)

(r)

3.5.

Management of crisis within the European Union

(a)

(b)

Integrated EU crisis management arrangements (to be implement-

ed by 1 July 2006)

Commission Decision creating a secure general rapid alert system

(ARGUS) and a Commission Crisis Centre to coordinate existing

alert systems (2005)

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(c)

(d)

Proposal creating a Critical Infrastructure Warning Information

Network (CIWIN) (2005)

Plan on the protection of critical infrastructures (2005)

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3.6.

General crime prevention

(a)

Strengthening and professionalising of the prevention of crime,

including through the European Crime Prevention Network

(2005)

Establishment of European instruments for collecting, analysing

and comparing information on crime and victimisation and their

respective trends in Member States, using national statistics and

other sources of information as agreed indicators.

(b)

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

STRENGTHENING JUSTICE

See also

Framework Programme "Fundamental Rights and Justice"

under the new Financial Perspectives (2005)

(a)

(b)

Proposal for a Decision establishing a specific Programme on

Judicial Cooperation in Civil and Commercial Matters (2005)

Proposal for a Decision establishing a specific Programme on

Judicial Cooperation in Criminal Matters (2005)

4.1.

Confidence building and mutual trust

(a)

Systematic, objective and impartial evaluation of the implementa-

tion of the EU policies in the field of justice with a view to rein-

forcing mutual trust while fully respecting the independence of

the judiciary (Communication

– 2006)

Communication from the Commission on judicial training in EU

(2005), development on the basis of the pilot project for the ex-

change of magistrates (2005) and of the Preparatory action (2006)

Creation, from the existing structures, of an effective European

training network for judicial authorities for both civil and crimi-

nal matters (2007)

EU workshops to promote cooperation between members of the

legal professions with a view to establishing best practices (2006)

(b)

(c)

(d)

4.2.



Judicial cooperation in criminal matters

Pursuing the implementation of the mutual recognition principle:

(a)

Communication on mutual recognition of decisions in criminal

matters and reinforcement of mutual trust between Member States

(2005)

White Paper on exchanges of information on convictions and the

effect of such (convictions in the EU (2005)

(b)

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(c)

Proposal on taking into account of convictions in the Member

States of the European Union in the course of new criminal pro-

ceedings (2005)

Proposal on the transmission to, and keeping by, the Member

State of nationality of information on criminal convictions (2005)

Communication on the creation of an index of non EU nationals

convicted in an EU Member State (2005) and legislative proposal

(2006)

Initiative on the European Enforcement Order and the transfer of

sentenced persons between Member States of the EU (2005)

Proposal on mutual recognition of non-custodial pre-trial super-

vision measures (2005)

Communication on disqualification (2005)

Reports on the implementation of the Framework Decision on the

European arrest warrant and the surrender procedures between

Member States (2005 and

2006)

Initiative on the recognition and enforcement in the European

Union of prohibitions arising from convictions for sexual offences

committed against children (2005)

Proposal on driving disqualifications (2006)

Report on the implementation of the Framework Decision of

22.7.2003 on the execution in the EU of orders freezing property

or evidence (2006)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m) Report on the implementation of the Framework Decision on the

application of the principle of mutual recognition to financial

penalties (2007)

(n)

(o)



Proposal on recognition and execution of alternative sanctions

and on suspended sentences (2007)

Proposal completing the European Evidence Warrant (2007)

Approximation

(a)

(b)

Green Paper on Conflicts of Jurisdiction and Double Jeopardy (ne

bis in idem)

(2005)

Green Paper on presumption of innocence (2005)

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(c)

Second report on the implementation of the Framework Decision

of 15.3.2001 on the standing of victims in criminal proceedings

(2005)

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(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

Third report on the Framework Decision of 15.3.2001 on the

standing of victims in criminal proceedings (2006)

Proposal on conflicts of jurisdiction and the ne bis in idem prin-

ciple (2006)

Green Paper on handling of evidence (2006)

Green Paper on default (in

absentia)

judgments (2006)

Proposal on minimum standards relating to the taking of evidence

with a view to mutual admissibility (2007)

Proposal on default (in absentia) judgments (2007)

Follow-up to the Green Paper on the approximation of criminal

sanctions and, where appropriate, legislative proposal (2008)

Analysis of minimum standards in pre-trial detention procedures

and the routines for regular review of the grounds for detention

(2007)



Others instruments in the field of judicial cooperation in criminal

matters:

(a)

(b)

(c)

(d)

(e)

Recommendation on minimum standards for capturing and ex-

changing electronic evidence (2006)

Proposal on the wilful destruction of documentary evidence

(2007)

Proposal on the protection of witnesses and collaborators with

justice (2007)

Initiative to facilitate the prosecution of road traffic offences

(2005)

Evaluation of the efficiency of specialised judicial bodies for

dealing with the investigation of cases linked to organised crime

(2009)

Further development of the European Judicial Network in crimi-

nal matters (continuous)

(f)



Eurojust

(g)

(h)

2nd report on the legal transposition of the Council Decision of

28.2.2002 setting up Eurojust (2005)

Proposal on Eurojust in accordance with Article III – 273 (to en-

ter into force no later than 1 January 2008)

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

International Legal Order

(j)

Active involvement of the activities of the Council of Europe and

other international organisations and fora (G8, UN, OECD,

OSCE, FATF) in criminal matters (2005-2009)

Examination of the case for agreements between the EU and third

countries on extradition (2005-2009)

Examination of the case for agreements between the EU and third

countries on mutual legal assistance (2005-2009)

(k)

(l)

(m) Proposal on the conclusion and on the signature of the Council of

Europe Convention against money laundering and terrorist fi-

nancing on behalf of the EC (2005/2006)

(n)

Inclusion of provisions on counter-terrorist assistance in proposed

revision of existing instruments governing external assistance

(2006)

Proposal on conclusion of the United Nations Convention against

Corruption on behalf of the EC (2006)

Proposal on conclusion of the United Nations Protocol against the

illicit manufacturing of and trafficking in firearms, their parts and

components, and ammunition on behalf of the EC (2007)

(o)

(p)

4.3.



Judicial cooperation in civil matters

Mutual recognition of decisions and elimination of obstacles to the

proper functioning of proceedings

(a)

(b)

(c)

(d)

(e)

(f)

Green Paper on succession (2005)

Green Paper on conflicts of laws and jurisdiction on divorce mat-

ters (Rome III) (2005)

Proposal on conflicts of laws regarding contractual obligations

(Rome I) (2005)

Proposal on small claims (2005)

Proposals on maintenance obligations (2005)

Adoption of the Rome II proposal on conflicts of laws regarding

non-contractual obligations (2006)

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(g)

(h)

(i)

Adoption of a Regulation establishing a European payment order

procedure (2006)

Adoption of a Directive on certain aspects of mediation in civil

and commercial matters (2006)

Green Paper on the conflict of laws in matters concerning matri-

monial property regimes, including the question of jurisdiction

and mutual recognition (2006)

Green Paper(s) on the effective enforcement of judicial decisions

(2006-2007)

Green Paper on minimum standards for certain aspects of proce-

dural law (2008)

Evaluation of the possibility of completing the abolition of exe-

quatur (2006-2010), and legislative proposals if appropriate

(j)

(k)

(l)

(m) Proposal for amending Regulation (EC) No 1348/2000 on the

service in the Member States of judicial and extrajudicial docu-

ments in civil or commercial matters (2005)



Enhancing cooperation

(n)

Report on the functioning of the European Judicial Network in

civil and commercial matters (2005) and amendment proposal, if

appropriate (2006)

Continued development of the European Judicial Network in civil

matters and of the databases on case law relating to European in-

struments (continuous)

Constant updating and improvement of the Europe-

an Judicial Atlas (continuous)

EU support for networks of judicial organisations and institutions

(continuous)

EU workshops to promote cooperation between members of the

legal professions with a view to identifying best practice (2006)

Annual European Day of Civil Justice (continuous)

(o)

(p)

(q)

(r)

(s)

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

Follow-up of the implementation of acts adopted

(t)

Report on the functioning of Regulation (EC) No 1206/2001 on

the taking of evidence and amendment proposal, if appropriate

(2007)

Report on the functioning of the Brussels I Regulation (2007) and

amendment proposal, if appropriate (2009

at the latest)

Report on the functioning of Directive 2004/80/EC relating to

compensation to crime victims

(u)

(v)



Ensuring consistency

(w) Final research report including a draft common frame of reference

in the field of European contract law (2007)

(x)

Adoption of a common frame of reference (CFR) in the field of

European contract law

(2009)



International legal order

(a)

(b)

(c)

(d)

(e)

(f)

Proposal for the conclusion of a new Lugano Convention (2006)

Proposal for the conclusion of parallel agreements with Denmark

on Brussels I and service of documents (2005)

Conclusion of negotiations on the Convention on the choice of fo-

rum (2005)

Accession of the Community to the Hague Conference on private

international law (2006)

Conclusion of negotiations on the Convention on maintenance ob-

ligations (2007)

Ratification of the 1996 Hague Convention on Jurisdiction, Ap-

plicable Law, Recognition, Enforcement and Cooperation in re-

spect of Parental Responsibility and Measures for the Protection

of Children

Continuation of negotiations and conclusion of international

agreements relating to judicial cooperation in civil matters.

(g)