52003DC0812

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT BIANNUAL UPDATE OF THE SCOREBOARD TO REVIEW PROGRESS ON THE CREATION OF AN AREA OF "FREEDOM, SECURITY AND JUSTICE" IN THE EUROPEAN UNION (SECOND HALF OF 2003)

TABLE OF CONTENTS

1. Summary

2. A common EU asylum and migration policy

2.1. Partnership with countries of origin

2.2. A Common European Asylum System

2.3. Fair treatment of third country nationals

2.4. Management of migration flows

3. A Genuine European Area of Justice

3.1. Better access to justice in Europe

3.2. Mutual recognition of judicial decisions

3.3. Greater convergence in civil law

4. Union-wide fight against crime

4.1. Preventing crime at the level of the Union

4.2. Stepping up cooperation in the fight against crime

4.3. Fight against certain specific forms of crime

4.4. Special action against money-laundering

5. Policy on internal and external borders; visas; implementation of Article 62 of the EC Treaty; Converting the Schengen acquis

6. Citizenship of the Union

7. Cooperation Against Drugs

8. Stronger External Action

9. Other current initiatives

1. Summary

The European Council of Tampere of 15-16 October 1999 invited the Commission to prepare a Scoreboard to keep under constant review progress made towards implementing the necessary measures and meeting the deadlines set by the Amsterdam Treaty, the Vienna Action Plan and the Tampere conclusions for the creation of an area of freedom, security and justice.

In response to this invitation, the Commission produced its first Scoreboard in March 2000. The first Scoreboard has been followed by regular biannual updates, which progressively also took into account the objectives set by the European Councils of Laeken (2001), Seville (2002) and Thessaloniki (June 2003).

Given the deadline of May 2004 set by the Amsterdam Treaty in view of the completion of the first stage of the creation of an area of freedom, security and justice, this is the penultimate biannual update of the Scoreboard based on the initial Tampere agenda.

In June 2004, the Commission intends to present a Communication that will provide a global and objective assessment of the achievements and eventual failures in implementing the Tampere agenda and meeting the obligations set by the Amsterdam Treaty. The assessment will take into account the outcome of an on-line consultation of the EU citizens and interested parties, which is going to be launched shortly, as well as the position of other institutions, such as the European Parliament. This Communication will be accompanied by a final update of the Tampere Scoreboard.

The Communication will also suggest first orientations for the second phase of the development of an area of freedom, security and justice, the "Tampere II" agenda. The benchmark for this will be the text of the Constitutional Treaty.

This penultimate update of the Scoreboard, like its predecessors, examines the main progress made in implementing the conclusions of the Tampere European Council as well as the delays in the legislative process and what remains to be achieved.

In this respect, a list of the key Commission proposals and Member States' initiatives awaiting action in other EU institutions is included as an annex to the introduction. Moreover, this Scoreboard includes the key proposals foreseen for presentation in 2004 in the sector of justice and home affairs, as planned by the Commission in its Legislative and Work Programme for 2004.

The second semester 2003 has been a key period for the future development of the area of freedom, security and justice, in particular in view of its second phase.

This period has been marked by the conclusion of the work of the Convention on the future of Europe and the beginning of the Inter-Governmental Conference in Rome on 4 October 2003. The Convention carried out very detailed and positive work on the provisions of the draft Constitutional Treaties related to justice and home affairs. The Commission welcomes the draft provisions presented by the Convention, as expressed in its opinion of 17 September 2003 pursuant to article 48 of the Treaty on the European Union. These provisions would lead to more efficient, transparent and democratic decision-making methods as well as to a welcome reinforcement of the policy objectives themselves.

In the context of the current Tampere agenda, the development process towards an area of freedom, security and justice has been boosted by the European Council of Thessaloniki of June 2003, whose conclusions confirmed the orientations given one year earlier at Seville and also reinforced the Union's strategic priorities, namely in the fields of immigration, asylum and management of the external borders. Among the priorities, a specific reference is made to the integration of third-country nationals who are legally resident in the European Union, and also to the need to further foster the external dimension of migration policy. Some of these orientations are destined to pave the way for future actions that will go beyond the deadline of the Amsterdam Treaty of May 2004. Separate paragraphs of the introduction to this Communication refer to these measures.

The European Council of Brussels on 16 and 17 October 2003 devoted one chapter of its conclusions to the strengthening of freedom, security and justice. The chapter focuses on the follow-up to Seville and Thessaloniki, with a particular reference to the management of the Union's common borders and the control of migratory flows. But it also calls for continued efforts towards closer police, judicial and customs co-operation and a strengthening of law enforcement co-operation, particularly as concerns the operational aspects of the fight against serious crime and terrorism.

In short, it is clear that at the eve of the European Union's biggest enlargement and six months ahead of the deadline set by the Amsterdam Treaty, the creation of the first stage of an area of freedom, security and justice, as well as its development, are more than ever at the top of the political agenda of the Heads of State and Government. Work has progressed on all fronts since the Commission's last update of the Scoreboard on 22 May 2003, but there is a risk that certain important pieces of legislation will not be in place by next year's deadline. The Commission again therefore urges the Council to reinforce its efforts in the coming months and expects Member States to lift their national reservations on a number of files.

A common EU asylum and migration policy

In the previous version of the Scoreboard, related to the first semester of 2003, a globally positive assessment was given on the progressive finalisation of the first phase of the common European asylum system. This positive assessment was based on the putting in place of the temporary protection mechanism, the adoption of an instrument on standards on reception conditions for asylum seekers, the adoption of the Regulation to replace the Dublin Convention which determines responsibility for examining asylum applications and the fact that the Eurodac system has been up and running since the beginning of the year.

In order to complete this first phase of the common European asylum system - as the European Council of Thessaloniki recalled - it is imperative to agree on two key remaining elements of this system. The first proposal concerns the common definition of refugee status and a common approach to subsidiary protection. The second proposal, for which the Italian Presidency has pressed ahead with the necessary vigour, in view of an adoption, concerns asylum procedures, including a common list of safe countries of origin. Despite the deadline set by the European Council for an agreement by the end of 2003 and the positive efforts of the Italian Presidency, the Council was not able to reach an agreement on the two proposals yet.

The Commission will present at the beginning of 2004 a Council Decision on the next generation European Refugee Fund covering the period 2005-2010.

On the immigration front, one of the main achievements of the second semester 2003 is the adoption of the directive on the long-term resident status for third country nationals. Among the main steps forward delivered by this directive, there is the possibility to access long-term resident status after five years of legal residence and the recognition of equality of treatment in a series of aspects of the social and economic life. Moreover, this directive opens the possibility for long-term residents to move to another Member State in order to work or study, under harmonised conditions.

Following the Commission's Communication of 3 June on Immigration, Integration and Employment, the European Council of Thessaloniki stressed the need for Member States to develop integration policies within a coherent EU framework, invited the Commission to prepare annual reports on integration and stressed the importance of developing co-operation and exchange of information within the framework of the newly-established national contact points on integration. While the work of the national contact points is progressing, the Commission put in place during summer a pilot project, Integration of third country nationals, which received a very positive response from civil society. In addition, the Commission has accelerated the work of the EU Migration Network (initiated in 2002 as a pilot project).

Moreover, the directive on family reunification was formally adopted on 22 September 2003.

Given the constructive efforts of the Italian Presidency, it has been possible for the Council of 6 November 2003 to reach a political agreement on the directive on the short-term residence permits issued to victims of trafficking in human beings who co-operate with the competent authorities.

However, progress has been slow on the proposal for a directive on the admission of labour migrants of July 2001, as noted by the Council on 27 November 2003. The proposal for a directive on the admission of students will shortly be complemented by a further Commission proposal for a directive on the admission of researchers.

The European Council of Thessaloniki stressed the need for exploring legal means for third-country nationals to migrate to the Union, taking into account the reception capacity of the Member States, within the framework of an enhanced co-operation with the countries of origin which will prove beneficial to both sides. In this context, the European Council of Brussels of October took note of the Commission's initiation of a study on the relationship between legal and illegal immigration inviting Member States, Acceding States and Candidate States to cooperate fully with the Commission to this end. In the Commission's planning, the study is due to be finalised in Spring 2004.

The fight against illegal immigration remains high on the political agenda and the global approach proposed in the Commission's Communication of 3 June on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents, has been endorsed by the European Council of Thessaloniki. Recent discussions have focused on the setting up of a strategy for the management of external borders (this specific aspect will be dealt with under the paragraph « policy on internal and external borders, visas and Schengen » of this introduction).

In response to the request of the European Council of Thessaloniki, the instrument establishing the Immigration Liaison Officers (ILOs) network was agreed in principle by the Council on 3 October 2003 and formal adoption is expected by the end of the year.

In the context of the implementation of a common policy on return of illegal immigrants, the Thessaloniki conclusions noted that greater efficiency could be achieved by reinforcing existing co-operation. Political agreement was reached in November on the Italian initiative on the organisation of joint flights for removals of third-country nationals illegally present in the territory of two or more Member States. The Council also adopted in November a Council Directive on assistance in cases of transit for the purposes of removal by air.

A political agreement was also reached at the Council of 6 November on the Council Decision setting out criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of the Council Directive 2001/40/EC on the mutual recognition of decisions on expulsion of third-country nationals.

The Thessaloniki European Council conclusions also mentioned the need to set up mechanisms in respect to return policy, including a financial component. Consequently, the European Council of Brussels in October welcomed the Commission's intention to present a proposal, taking into account the financial perspectives, to provide financial support for repatriation. It is in this context that the Commission is about to propose the creation of a financial instrument for return management in the area of migration.

Furthermore, in 2004 the Commission will present a proposal for a Council Directive on minimum standards for return procedures and mutual recognition of return decisions.

With regard to integration of migration issues in the Union's relations with third-countries, the global approach as defined at Tampere and confirmed at Seville, Thessaloniki and at the European Council of Brussels of October 2003 needs to be further implemented.

The Commission has continued to integrate migration related issues in the Community regional cooperation programmes with third countries.

In addition, in June 2003, the Commission presented a proposal to establish a programme of financial and technical assistance to third countries in the area of migration and asylum. The work in the Council and the European Parliament is proceeding speedily with a view to adoption at the beginning of next year.

Furthermore, with a view to give concrete expression to the Thessaloniki conclusions, an evaluation mechanism for monitoring relations with third-countries in the field of the fight against illegal immigration is due to be adopted by the Council by the end of the year.

Finally, it is clear that for the Community to be efficient and achieve timely results in the negotiation of readmission agreements with third countries, and therefore improve the control of immigration flows, it is essential that the Community speaks with one voice based on a multidisciplinary approach covering various policies of the EU.

Recent progress has been made with the signature of a readmission agreement with Macao in October 2003 and the signature of the agreement with Sri Lanka will follow very soon. The agreement with Hong Kong, which was signed in November 2002, and that with Macao, are expected to enter into force early 2004. Furthermore, an agreement has been reached in negotiations with Albania at the beginning of November. It is therefore envisaged to initial the readmission agreement in December 2003.

Concerning China, a Memorandum of Understanding on Agreed Destination Status has been initialled during the EU-China Summit of 30 October and is expected to be signed before the end of the year. This Memorandum to facilitate group tourism into Europe contains a readmission clause which features a state obligation of China to take back overstayers in the context of the Agreement and includes provisions needed for a swift repatriation of overstayers. Furthermore, during the High Level Consultations on Illegal Immigration and Trafficking in Human Beings, China signalled readiness to discuss the issue of return in the context of a dedicated meeting of the High Level Consultations on return and legal migration to be held in the first semester of 2004. The Commission will provide a draft text for a future readmission agreement to the Chinese side as soon as possible and hopes that shortly after the dedicated meeting on return, the first round of formal negotiations on a readmission agreement can be held.

With reference to Russia and Ukraine, three rounds of negotiations on readmission took place. The Joint Statement adopted by the EU-Russia Summit of 6 November recorded the agreement to continue to work towards its timely conclusion. The Commission is determined to seek an early conclusion with both countries. Preparatory technical talks on readmission were held with Pakistan in October 2003 and it is anticipated that negotiations of an agreement could be launched in early 2004.

The Commission will present a report on the common readmission policy at the beginning of 2004, as requested by the European Council of Brussels in October.

Towards an European Area of Justice and Security

As regards civil matters

In the field of judicial co-operation in civil matters, positive progress has been made under the mutual recognition programme. The recent approval of the Regulation on parental responsibility and matrimonial matters will have a direct impact on the daily life of citizens, in particular, as underlined by the European Council of Brussels on 16-17 October 2003, by allowing the recognition and enforcement throughout the Community of national judgements, thus greatly enhancing citizen's access to justice. This Regulation represents an important step towards ensuring EU-wide recognition and enforcement of decisions on the custody and protection of minors and the Commission also welcomes the fact that in parallel good progress was achieved in view of the ratification by Member States of the 1996 Hague Convention on parental responsibility. Also in the field of family law, the Commission intends to focus, in the near future, on patrimonial family law.

Another important instrument is the Directive on State compensation to victims of crime, including the victims of terrorism, for which substantial progress has been made under the Italian Presidency. In the Commission's views, this proposal represents an important first step by setting minimum standards and therefore guaranteeing the fair treatment of victims of crimes.

In order to improve public awareness on equal access to justice, an information campaign on judicial co-operation in civil and commercial matters has been launched. In addition, in conjunction with the Council of Europe, the Commission designated 25 October as the European Day of Civil Justice and organised public events to promote it.

Following the adoption in January 2003 of the Directive on legal aid, the Commission took, as announced, the necessary implementing measures by adopting a decision establishing a form for transmission requests in June 2003. A proposal aiming at establishing a European order to-payment procedure will be presented before the end of the year and it will also contain harmonised forms.

As for the Commission's proposal on uncontested claims, a common position is expected to be adopted in the Council by the end of December 2003 in view of the transmission to the European Parliament and final adoption before the end of the current parliamentary legislature.

Finally, on 22 July 2003, the Commission adopted a proposal for a Regulation on the law applicable to non contractual obligations (Rome II). This proposal, which is the result of extensive consultations, aims at ensuring that courts in all Member States apply the same rules to determine the substantive law applicable to disputes involving torts liability. It will therefore contribute to better transparency and predictability of how these types of disputes are resolved.

As regards criminal matters

Following the presentation in February 2003 of the Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union, a public hearing on 16 June 2003 and the opinion of the European Parliament in November 2003, the Commission is about to present a proposal for a Framework-Decision on procedural safeguards. This measure is regarded as a first step and will be followed by other measures implementing the mutual recognition programme. In particular, the Commission will soon present two Green Papers, covering respectively pre-trial detention and recognition and enforcement of alternative measures to detention; and approximation, recognition and enforcement of criminal penalties in the European Union. Furthermore, the Council has continued discussions on the Greek initiative on the "ne bis in idem" principle. The Commission has been asked, in this context, to present further initiatives with regard to preventing conflicts of jurisdiction.

Concerning the status of victims in the framework of criminal proceedings, the Commission will present in December 2003 its first report on the implementation of the framework decision.

As for the application of mutual recognition to pre-trial orders, in July 2003 the Council adopted the Framework-Decision on the freezing of assets and evidence. In November 2003 the Commission presented a proposal for a Framework-Decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters. The underlying idea is that the European Warrant is an order that would be issued by a judicial authority in one Member State and which would be directly recognised and enforced by a judicial authority in another Member State.

One of the Tampere objectives is that criminals should no longer benefit from safe havens created by differences in national law. In this context, and also in relation to the fight against terrorism, it is important to note that Member States will have to implement the Framework Decision on the EU Arrest Warrant by 31 December 2003. So far only a few Member States have taken the required measures. In 2004 the Commission will present a report on the national implementations of this Framework Decision.

Union-wide Fight against Crime

The European Council meeting in Brussels in October 2003 called for continuous efforts towards closer police, judicial and customs co-operation and a strengthening of law-enforcement co-operation, particularly as concerns the operational aspects of the fight against serious crime and terrorism.

Concerning the fight against terrorism, the Commission is about to present a report on the implementation of the Framework Decision on combating terrorism, which was adopted in December 2002. In addition, by the end of the year, the Commission plans to present a Communication on the fight against the financing of terrorism accompanied by a proposal for a decision on the exchange of information concerning terrorism.

On the operational co-operation front, under the Italian Presidency work on the project on multinational ad hoc teams for exchanging information on terrorists has progressed, namely with respect to the functioning of such teams.

As for Europol, the adoption of the Council Act amending the Europol Convention in a large number of areas in order to increase its efficiency took place in November 2003.

Concerning customs, in October 2003, a resolution on a strategy for customs cooperation has been adopted. For its part, the Commission intends to present shortly a Communication on the future of EU police and customs co-operation.

Regarding the fight against financial crime, the Commission is about to present a Communication on prevention and fighting against organised crime in the financial sector. Furthermore, a report has just been prepared and will be presented in January 2004 on the implementation of the Framework-Decision on combating fraud and counterfeiting of non-cash means of payment, which was due for implementation by the Member States in June 2003.

In addition, the Commission is about to adopt the report on the implementation of the Framework Decision on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime.

With respect to the fight against corruption, the Council adopted in July 2003 the Framework-Decision on corruption in the private sector. The Commission adopted its Communication for a common policy against corruption in May 2003. Furthermore, the Commission presented a proposal in December 2003 for a Council decision authorising the Community to sign the UN Convention on corruption.

Regarding remaining key instruments in the fight against crime, the Commission regrets that no progress has been made in the last months towards the adoption of the Framework Decision on racism and xenophobia.

A number of new initiatives were launched under Italian Presidency and quickly agreed by Council, namely in the fields of public order and hooliganism. The first resolution concerns security at European Council meetings and other comparable events and the second resolution is on the use by Member States of bans on access to venues of football matches with an international dimension.

The Commission will shortly adopt a Communication on crime prevention. As concerns the European Crime Prevention Network, a conference designed for exchanging best practice was held in Rome in November 2003.

The Forum on the prevention of organised crime has met a number of times. The subject matters which have been discussed are in particular: the fight against piracy and counterfeiting; the fight against corruption; the fight against trafficking in human beings; money laundering; the fight against illicit arms trafficking; proofing of products against crime; regional development and crime prevention; crime statistics.

Policy on internal and external borders and visas, Schengen

The European Council held in Seville in 2002 and Thessaloniki and Brussels in 2003 emphasised and recalled the common interest of all Member States in establishing a more effective management of external borders, in particular with a view to enhancing the security of citizens within the EU territory.

The Commission has played a very active role in this field, which culminated with the proposal for the creation of an External Border Management Agency on 11November 2003. The Agency aims in particular to enhance operational co-operation between the national services responsible for the control and surveillance of the external borders of the Member States. This proposal draws on the experience of the Common Unit of External Practitioners. The Brussels European Council of October 2003 asked the Council to reach a political agreement on the main elements by the end of the year. The Council agreed on the main elements for the Agency in its conclusions of 27 November 2003.

Progress has also been made towards the setting up of an air border centre. As regards the maritime borders, two distinct centres are going to be set up, respectively in Greece for the Eastern Mediterranean area and in Spain for the Western Mediterranean and for all the other sea border areas.

Furthermore, on the basis of the Commission's study on maritime borders which was presented in September 2003, the Council agreed in November 2003 on a work programme on this issue.

In conjunction with that, work to implement the Council's Action Plan for the management of external borders is proceeding speedily also on the other fronts. The Commission is about to submit a proposal for a regulation on the Visa Information System (VIS) and has allocated financial resources to support the development of this information system, the management of external borders and the implementation of the return action programme, which were the three priorities identified by the European Council. Furthermore, the Commission, within the framework of the current financial perspectives, will pursue the examination of possibilities for further allocations in these fields up to 2006.

Other Commission proposals presented in the last semester to meet the requests of the European Council concern stamping of passports and local border traffic. A proposal on the recast of the Common Manual of External Borders is under preparation.

In view of the need to ensure the security of documents, the European Council called upon the Council to reach a political agreement by the end of the year on the two Commission proposals presented in September 2003 introducing biometric identifiers in visas and residence permits for third-country nationals. On this basis, the next objective is to render the documents issued to EU citizens more secure. Following the positive response in the Council framework to the need to prioritise this area, the Commission has the intention of presenting shortly a further proposal for introducing biometric identifiers in passports. This work will also facilitate on-going discussions on this question at international level and co-operation with third countries.

Concerning the setting up of the new, second generation, Schengen Information System (SIS II), work is in progress.

In view of completing the arrangements needed to address the particular situation of the enclave of Kaliningrad in view of the future external borders of the EU, the Commission is about to adopt a decision on the compensation of any additional costs for Lithuania resulting from the implementation of the regulations establishing a specific Facilitated Transit Documents FTD and FRTD in accordance with Protocol No 5 on the transit by land between the region of Kaliningrad and other parts of the Russian Federation attached to the 2003 Act of Accession.

In view of enhancing security standards at the future external borders of the EU, for seven of the ten countries signing the accession treaties, a specific and additional financing mechanism is being set up to finance actions for the implementation of the Schengen acquis and external border control. The Commission is completing the necessary preparatory work and will shortly adopt a Decision on the management and implementation of the Schengen Facility.

Finally, as regards visas, the Council adopted in July 2003 the regulation in view of facilitating the issuance of visas to the Olympic family for the Games in Athens in 2004.

Citizenship of the Union

Good progress has been made towards the adoption of the directive on the right of EU citizens and their families to free movement and stay in the territory of the European Union. Following the modified proposal of the Commission in April 2003, the Council reached a political agreement in September and is about to adopt the Common Position for transmission to the European Parliament in December 2003.

This measure recasts in a single instrument all existing EC legislation on free movement of people and will greatly simplify the administrative procedures that EU citizens and their families have to comply with when they decide to move to and reside in another EU Member State.

Co-operation in the field of Drugs

The European Council of Brussels in October 2003 reaffirmed the importance of the fight against drugs trafficking and called on the Council to adopt the Commission's proposal for a framework decision on this subject, if possible, by the end of 2003.

In fact, in November 2003, the Council reached a political agreement on this framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drugs trafficking. The Commission regards the adoption of this proposal as a key achievement in view of the completion of an area of freedom, security and justice.

In November 2003, the Commission presented a Communication on co-ordination on drugs in the European Union. Given that this is a complex, multifaceted problem involving a large number of players, effective coordination between all of them is essential. This implies an appropriate level of coordination both within and between the European Union institutions and the Member States. This is one of the key points of drugs policy, since coordination goes to the heart of national and European decision-making processes.

The implementation plan regarding reduction of demand and offer of drugs, linked to the implementation of the Plan of Action against Drugs (2000-2004), was adopted by the Council in June 2003. Member States, the Commission, the OEDT and Europol are currently implementing the actions scheduled in that plan. In June 2003, the Council adopted the recommendation concerning the prevention and reduction of risks linked to drug addition.

In October 2003, the Commission presented a proposal for a Council decision modifying and replacing the Joint Action of 16 June 1997 on synthetic drugs.

Finally, in November 2003 the Council agreed on a Council Decision concerning control measures and criminal sanctions in respect to the new synthetic drugs 2C-I, 2C-T-2, 2C-T-7 and TMA 2.

Stronger External Action

On 29 October 2003 the provisional closure of chapter 24 on justice and home affairs with Bulgaria took place. The monitoring process will be pursued until accession. Concerning Romania, the negotiations on chapter 24 continue and it could still be possible to submit a draft common position by the end of the year.

Relations with Turkey concerning the justice and home affairs matters are intensifying. A number of activities are on the way to strengthen the JAI dialogue, including twinnings, seminars and technical working groups.

Very positive progress has been made in view of the signature of the Agreement between the EU and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the 2000 Convention on Mutual Legal Assistance and the 2001 Protocol thereto, which is expected by the end of the year.

Concerning the Western Balkans, justice and home affairs is probably the single most important sector in the relations of the EU with these countries at the moment, as reflected in the conclusions of the European Council of Thessaloniki. The development of a strategy to fight against organised crime is at the top of the agenda and the Commission is preparing new institution building measures in response. Border management, judiciary and migration issues are also key priorities for technical assistance. A Justice and Home Affairs Ministerial Troïka was held on 28 November 2003. In addition, an EU Action Plan against drugs for the Balkans was adopted by the Council in June 2003.

The six-monthly Summit with Russia took place on 6 November 2003. Among the issues under discussion figured the good progress made in 2003 in relation to the transit of persons through the enclave of Kaliningrad. Further progress is still needed on the implementation of the Action Plan to fight against organised crime. With Ukraine, progress has been made on the implementation of the JHA action plan and its scoreboard.

On 25 June 2003, agreements between the EU and the United States on extradition and judicial co-operation in criminal matters were signed.

Negotiations on readmission agreements are under way, and progress is reported above in the chapter "A common asylum and migration policy".

Concerning multilateral instruments, the Council adopted in October 2003 conclusions on the implementation of the European Arrest Warrant and its relations with the instruments of the Council of Europe in the field of extradition.

The UN Convention on transnational organised crime entered into force on 29 September 2003. On 22 August 2003, the Commission adopted a proposal for a Council Decision for the conclusion on behalf of the European Community of the UN Convention against transnational organised crime and its supplementing protocols on trafficking in persons and smuggling of migrants.

The UN Convention on corruption is expected to be signed by December 2003.

Adopted Commission proposals and Member States' initiatives in Justice and Home Affairs awaiting action in other EU institutions

This list aims to highlight the main Commission proposals and Member States' initiatives that await action in the other EU institutions or formal adoption following the lifting of national reservations.

Common asylum policy:

- Proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugees status

- Proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection

Common immigration policy and fight against illegal immigration:

- Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities

- Proposal for a Council Directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who co-operate with the competent authorities (political agreement)

- Proposal for a Council Directive on the conditions of entry and residence of third country nationals for the purposes of studies, vocational training or voluntary service

- Proposal for a Council Decision setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (political agreement)

Internal and external borders, common visa policy:

- Proposal for a Council Directive relating to the conditions in which third-country nationals shall have the freedom to travel in the territory of the Member States for periods not exceeding three months, introducing a specific travel authorisation and determining the conditions of entry and movement for periods not exceeding six months

- Initiative of the Kingdom of Spain with a view to adopting a Council Directive on the obligation of carriers to communicate passenger data

- Proposal for a Council Regulation amending Regulation (EC) 1683/95 laying down a uniform format for visas

- Proposal for a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third-country nationals

- Proposal for a Council Regulation laying down the requirements for the competent authorities of the Member States to stamp systematically the travel documents of third-country nationals when they cross the external borders of the Member States and amending the Convention implementing the Schengen Agreement and the Common Manual to this end

- Proposal for a Council Regulation on the establishment of a regime of local border traffic at the external land borders of the Member States

- Proposal for a Council Regulation on the establishment of a regime of local border traffic at the temporary external land borders between Member States

- Proposal for a Council Regulation establishing a European Agency for the management of operational co-operation at the external borders

EU citizenship:

- Proposal for a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

A genuine area of justice in civil law matters:

- Proposal for a Council Directive on compensation to crime victims

- Proposal for a Council Regulation creating a European enforcement order for uncontested claims

Fight against crime and a genuine area of justice in criminal matters:

- Proposal for a Council Framework Decision on combating the sexual exploitation of children and child pornography (political agreement)

- Proposal for a Directive of the European Parliament and of the Council on the criminal-law protection of the Community's financial interests

- Proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drugs trafficking (political agreement)

- Proposal for a Council Decision on combating racism and xenophobia

- Proposal for a Council Framework Decision on attacks against information systems (political agreement)

- Proposal for a Directive of the European Parliament and of the Council on the Protection of the Environment through Criminal Law

- Proposal for a Directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences

- Proposal for a Council Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution

- Proposal for a Council Decision concerning the analysis and cooperation with regard to counterfeit euro coins

- Proposal for a Framework Decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters

- Initiative of the United Kingdom, the French Republic and the Kingdom of Sweden with a view to adopting a Council Framework Decision on the application of the principle of mutual recognition to financial penalties (political agreement)

- Initiative of the Kingdom of Denmark with a view to the adoption of a Council Framework Decision on Confiscation of Crime-related Proceeds, Instrumentalities and Property (political agreement)

- Initiative of the Kingdom of Denmark with a view to the adoption of a Council Framework Decision on the execution in the European Union of confiscation orders

- Initiative of the Kingdom of Denmark with a view to adopting a Council Decision on increasing cooperation between European Union Member States with regard to disqualifications

- Initiative of the Republic of Greece for the adoption of a Framework Decision on the application of the "ne bis in idem" principle.

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2. A common EU asylum and migration policy

The Tampere priorities:

The separate but closely related issues of asylum and migration call for the development of a common EU policy. The Seville European Council formally restated the need for this and set precise deadlines for the adoption of legislative instruments.

2.1. Partnership with countries of origin

The European Union needs a comprehensive approach to migration, addressing political, human rights and development issues in countries and regions of origin and transit. A partnership with the relevant countries will also be a decisive factor for the success of this policy with a view to promoting co-development.

After the Tampere European Council, the themes related to justice and home affairs were integrated in a specific manner in the cooperation programmes with third countries (e.g. the national and regional strategy documents adopted by the Commission).

Objective: Assessment of countries and regions of origin and transit in order to formulate specific integrated approaches

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2.2. A Common European Asylum System

The aim is to ensure full and inclusive application of the Geneva Convention, ensuring that nobody is sent back to persecution, i.e. maintaining the principle of non-refoulement. A common asylum procedure and a uniform status for refugees must also be established, to be valid throughout the Union. Secondary movements by asylum seekers between Member States should be limited. Agreement will be actively sought on a temporary protection regime for displaced persons, on the basis of solidarity among Member States.

Objective: To determine the State responsible for examining an asylum application

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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 economic and demographic developments within the Union, as well as of 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.

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2.4. Management of migration flows

Management of migration flows should be improved at every stage through close cooperation with countries of origin and transit. The Laeken European Council recalled the importance of incorporating policy on migratory flows in the Union's external relations policy, of stepping up the fight against illegal immigration by combating the criminal organisations involved while guaranteeing victims' rights, and asked for a plan of action to developed on the basis of the Commission's communication on illegal immigration and trafficking in human beings. The Seville European Council confirmed this and asked for measures to respect a fair balance between (a) a policy of integration of legal immigrants and an asylum policy complying with international conventions and chiefly the Geneva Convention of 1951 and (b) a resolute fight against illegal immigration and trafficking in human beings. The Council has also requested that the Commission present a report on the effectiveness of the financial resources available at community level as regards repatriation of immigrants and those with rejected asylum claims, of management of external borders and asylum and migration projects in third countries, and the report will be made at the Thessaloniki European Council.

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3. A Genuine European Area of Justice

The Tampere priorities:

The aim is to give the general public a shared sense of justice throughout the European Union, seen as a means of facilitating the daily life of persons and the possibility of calling to account those who threaten the freedom and security of individuals and society. This includes both better access to justice and full judicial cooperation among Member States.

The Tampere Summit called for practical steps to be taken to improve access to justice in Europe and for mechanisms to be put in place to protect victims' rights. It also advocated developing machinery for the mutual recognition of judicial decisions.

3.1. Better access to justice in Europe

A genuine area of justice must ensure that individuals 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.

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3.2. Mutual recognition of judicial decisions

A genuine area of justice must provide legal certainty to individuals and to economic operators. To that end, judgments and decisions should be respected and enforced throughout the Union.

Enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation would facilitate cooperation between authorities and the judicial protection of individual rights and will make it possible to respond to the call made at the Laeken European Council for "efforts to surmount the problems arising from differences between legal systems". The principle of mutual recognition should become the cornerstone of judicial cooperation in both civil and criminal matters within the European Union.

As regards civil matters:

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3.3. Greater convergence in civil law

In order to smooth judicial cooperation and enhance access to law, better compatibility and more convergence between the legal systems must be achieved.

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4. Union-wide fight against crime

Tampere priorities and EU strategy against organised crime at the beginning of the new millennium

The Tampere European Council called for a balanced development of Union-wide 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. In this context, particular attention is drawn to the "European Union Strategy for the beginning of the new Millennium" on prevention and control of organised crime. Some complementary actions, going beyond the Tampere conclusions and called for by the recommendations in this strategy have been introduced in this chapter.

4.1. Preventing crime at the level of the Union

Any efficient policy in the fight against all types of crime, organised or otherwise, must include also preventive measures of a multidisciplinary nature.

Crime prevention aspects must be incorporated into actions and programmes against crime at Union and Member State level.

Cooperation between national prevention organisations should be encouraged and certain priority areas should be identified.

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4.2. Stepping up cooperation in the fight against crime

In a genuine area of justice, criminals must not find ways of exploiting differences in the judicial systems of Members States. In its work on the protection of the Community's financial interests, the Laeken European Council took note of the Green Paper adopted by the Commission on a European Public Prosecutor and asked the Council to examine it quickly. The European Convention proposed to the IGC to inscribe in the future Constitutional treaty the possibility to create a European public prosecutor's office, notably competent for the protection of the Community's financial interests.

Giving 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 authorities in the Member States when investigating cross-border cases.

The Treaty of Amsterdam, by conferring additional powers on Europol, recognised the latter's essential and central role in facilitating European cooperation in preventing and combating organised crime.

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4.3. Fight against certain specific forms of crime

With regard to national criminal law, efforts to agree on common definitions, changes and penalties should be focused in the first instance on a limited number of sectors of particular relevance. Agreements on common definitions, charges and penalties regarding serious organised and transnational crime need to be established in order to protect the freedom and legal rights of individual and economic operators. At its meeting of 27-28/9/01, the Council stated that it would make progress without delay on the general methodology to be followed in the harmonisation of penalties, and on 25-26 April 2002 it adopted conclusions on the approach to be followed for harmonisation of penalties.

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4.4. Special action against money-laundering

Money-laundering is at the very heart of organised crime. For that reason measures must be taken to root it out wherever it occurs and to ensure that concrete steps are taken to trace, freeze, seize and confiscate the proceeds of crime. The special European Council held on 21 September 2001 also stressed the importance of the fight against the financing of terrorism.

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5. Policy on internal and external borders; visas; implementation of Article 62 of the EC Treaty; Converting the Schengen acquis

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6. Citizenship of the Union

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7. Cooperation Against Drugs

Priorities of the EU drugs strategy

As a collective and individual threat, the drugs problem needs to be addressed in a global, multidisciplinary and integrated manner. In its Communication of November 2002 the Commission gave a mid-term review of the European Union Drugs Action Plan (2000-2004), which was approved by the Copenhagen European Council. The final evaluation will be undertaken with the help of the Member States, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and Europol.

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8. Stronger External Action

Priorities of the Tampere and Feira European Councils

The European Union underlines that all powers and instruments at the disposal of the Union, 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.

With respect to non-candidate countries, the Commission has made an effort to integrate in a specific manner (and in accordance with a multi-annual programme), those aspects relating justice and home affairs in its cooperation programmes with third countries.

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9. Other current initiatives

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