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Mechanism for evaluating the application and implementation at national level of international acts and instruments in the fight against organised crime

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Mechanism for evaluating the application and implementation at national level of international acts and instruments in the fight against organised crime

This Joint Action aims to establish a mechanism enabling the Member States to evaluate, on a basis of equality and mutual confidence, the implementation by each of them of instruments for cooperation designed to combat international organised crime.

ACT

Joint Action 97/827/JHA of 5 December 1997, adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime [Official Journal L 344, 15.12.1997].

SUMMARY

Each Member State will undertake to ensure that its national authorities cooperate fully with the evaluation teams set up under this Joint Action, with due regard for the rules of law and ethics applicable at national level (Article 1).

Each year, the specific subject of the evaluation as well as the order in which Member States are to be evaluated, at a rate of at least five per year, will be defined, on a proposal from the Presidency, by the members of the Multidisciplinary Working Party on Organised Crime (MDW).

The evaluation will be prepared by the Presidency of the Council, assisted by the General Secretariat of the Council. The Commission will be fully involved in the work (Article 2).

Each Member State will send the Secretariat-General of the Council, at the Presidency's initiative, the names of one to three experts having substantial experience of the subject to which the evaluation relates in the field of combating organised crime, in particular in a law-enforcement service such as the police, customs, a judicial or other public authority, who are prepared to participate in at least one evaluation exercise (Article 3).

The Presidency, assisted by the Secretariat-General of the Council, will draw up a questionnaire for the purpose of evaluating all the Member States, in line with the objective set out in point 2 above (Article 5).

Upon receiving the reply to the questionnaire, the evaluation team will visit the Member State being evaluated in order to meet the political, administrative, police, customs and judicial authorities or any other relevant body in accordance with a programme of visits arranged by the Member State visited, taking account of the wishes expressed by the evaluation team (Article 6).

No later than one month after the visit referred to in point 5 above, the evaluation team will draw up a draft report and submit it to the Member State evaluated for its opinion. If deemed appropriate, it will amend its report in the light of the comments made by the Member State evaluated (Article 7).

The Presidency will forward the draft report, in confidence, to the members of the MDW, together with any comments of the Member State evaluated which were not accepted by the evaluation team (Article 8).

No later than at the end of the first evaluation of all the Member States, the Council will examine the procedures and scope of the mechanism, and will, if appropriate, make adjustments to this Joint Action.

References

Act

Entry into force - Date of expiry

Deadline for transposition in the Member States

Official Journal

Joint Action 97/827/JAI

15.12.1997

-

OJ L 344, 15.12.1997.

RELATED ACTS

Council Decision 2002/996/JHA of 28 November 2002 establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism [Official Journal L 349 of 24.12.2002]. The purpose of this Decision is to establish a simplified evaluation mechanism which is more rapid than the mechanism provided for by Joint Action 97/827/JHA. The Article 36 Committee (the committee set up pursuant to Article 36 of the TEU) is to determine, on a proposal from the EU Presidency, the specific subject of the evaluation as well as the order in which Member States are to be evaluated. A list of the experts appointed by Member States will by sent to the Secretariat-General of the Council. This list will be used to set up the evaluation teams (two experts per team of a different nationality to the country to be evaluated).

The Commission will be closely involved in all of the work carried out.

Evaluations will be carried out on the basis of a questionnaire, to which Member States will have one month to reply. The countries under investigation will be visited for evaluation where considered necessary.

A draft report will then be prepared and sent to the Member State being evaluated for their comments. The report is to be forwarded confidentially to the Article 36 Committee. Once a year the Presidency will inform the Council of the results of the complete evaluation exercise. The Council may then address any recommendations it sees fit to the Member States concerned. The European Parliament will be informed confidentially of the implementation of the evaluation mechanism.

Last updated: 08.01.2007

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