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Europaudvalget 2004-05 (1. samling)
2613 - RIA Bilag 3
Offentligt

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EUK

14. oktober 2004

Til underretning for Folketingets Europaudvalg vedlægges EU-for-

mandskabets udkast til et flerårigt program: ”Haager-programmet til styrkelse

af frihed, sikkerhed og retfærdighed i Den Europæiske Union”, 13302/04.

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COUNCIL OF

THE EUROPEAN UNION

Brussels, 11 October 2004

13302/04

LIMITE

JAI 370

NOTE

from :

to :

Subject :

Presidency

Coreper

Draft multiannual programme: "The Hague Programme, strengthening fre

security and justice in the European Union"

As requested by the European Council on 17 and 18 June 2004, the

Presidency has drafted, in close cooperation with the Commission, the

multiannual programme for the area of freedom, security and justice, called

"The Hague Programme, strengthening freedom, security and justice in the

European Union".

The draft programme is based on in-depth discussions at the meeting of JHA

Ministers within the Council on 19 July 2004 and at the informal meeting of

JHA Ministers on 30 September and 1 October 2004. Substantive and

detailed written contributions of the Member States received by the

Presidency have been used as well. However, not all the suggestions have

been included in The Hague Programme because they are better suited for

the action plan to be based on this programme.

It is the intention of the Presidency to reach political agreement on the

programme at the meeting of JHA Ministers within the Council on 25 and 26

October 2004.

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ANNEX A

THE HAGUE PROGRAMME

STRENGTHENING FREEDOM, SECURITY AND JUSTICE

IN THE EUROPEAN UNION

INTRODUCTION

Over the past years the European Union has increased its role in securing

police and judicial cooperation and in developing a coordinated policy with

regard to asylum, immigration and external border controls. This

development will continue with the firmer establishment of a common area

of freedom, security and justice by the Treaty establishing a Constitution for

Europe, signed in Rome on 29 October 2004. This Treaty and the preceding

Treaties of Maastricht, Amsterdam and Nice have progressively established a

common legal framework for the development of cooperation and

coordination in the field of justice and home affairs, and the integration of

this cooperation with other policy areas of the Union.

Since the Tampere European Council in 1999, the Union's policy in the area

of justice and home affairs has been developed in the framework of a general

programme. Even if not all the original aims were achieved, comprehensive

and coordinated progress has been made, as is confirmed by the

Commission's Communication on the assessment of the Tampere

programme

. In the first five-year period, the foundations for a common

asylum and immigration policy have been laid, the harmonisation of border

controls has been prepared, police cooperation has been improved, and the

groundwork for judicial cooperation on the basis of the principle of mutual

recognition of judgments has been accepted.

The European Council welcomes the results that have been achieved so far.

It considers the strengthening of the area of freedom, security and justice an

essential priority of the Union in the coming years. The further development

of this common area should once again be coordinated in the single overall

framework of a comprehensive programme covering the coming years.

COM (2004) 401.

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The objective of this new programme is the improvement of the common

capability of the Union and its Member States: to guarantee fundamental

rights, minimum procedural safeguards and the access to justice, to regulate

migration flows and to control the external borders of the Union, to fight

organised cross-border crime and repress the threat of terrorism, to realise

the potential of Europol and Eurojust; to further realise the mutual

recognition of judicial decisions and certificates both in civil and in criminal

matters, to eliminate legal and judicial obstacles in cross-border litigation in

civil and family matters. This is an objective that has to be achieved in the

interests of our citizens by improving access to the courts, practical police

and judicial cooperation, the approximation of law and the development of

common policies.

A key element in the near future will be the prevention and repression of

terrorism. A common approach in this area should be based on the principle

that preserving national security is only possible in the framework of the

Union as a whole.

The European Council considers the common project of strengthening the

area of freedom, security and justice quintessential in securing safe

communities, mutual trust and the rule of law throughout the Union.

Freedom, justice, control at the external borders, internal security and the

prevention of terrorism should henceforth be considered indivisible within

the Union as a whole.

II.

GENERAL ORIENTATIONS

General principles

The programme set out below seeks to respond to the challenge and the

expectations of our citizens. It is practical and builds on ongoing work arising

from the Tampere programme, current action plans and an evaluation of first

generation measures. It is also grounded in the general principles of the need for

European added value and respect for the principles of subsidiarity,

proportionality and solidarity. The Treaty establishing a Constitution of Europe

(hereinafter the Constitutional Treaty) served as a guideline for the level of

ambition, but the existing Treaties provide the legal basis for Council action

until such time as the Constitutional Treaty takes effect. Accordingly, the

various policy areas have been examined to determine whether preparatory work

or studies could already commence, so that measures provided for in the

Constitutional Treaty can be taken as soon as it enters into force.

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Fundamental rights, as guaranteed by the European Convention on Human

Rights and the Charter of Fundamental Rights in Part II of the Constitutional

Treaty and the explanatory notes, as well as the Geneva Convention on

Refugees, must be fully observed. At the same time, the programme aims at real

and substantial progress towards enhancing mutual confidence and promoting

common policies to the benefit of all our citizens.

Implementation and evaluation

The evaluation by the Commission of the Tampere programme showed a

clear need for adequate and timely implementation and evaluation of all types

of measures in the area of freedom, security and justice.

It is vital for the European Council to develop in 2005 practical methods to

facilitate timely implementation in all policy areas: measures requiring

national authorities' resources should be accompanied by proper plans to

ensure more effective implementation, and the length of the implementation

period should be more closely related to the complexity of the measure

concerned. Regular progress reports by the Commission to the Council

during the implementation period should provide an incentive for national

action by Member States.

Evaluation of the implementation as well as of the effects of all measures is,

in the European Council's opinion, essential for the effectiveness of Union

action. The evaluations undertaken as from 1 July 2005 must be systematic,

objective, impartial and efficient, while avoiding too heavy an administrative

burden on national authorities. Their goal should be to address the

functioning of the measure and to suggest solutions for problems

encountered in its implementation and/or application. The Commission

should prepare a yearly evaluation report to inform the Council, the

European Parliament and the national parliaments.

The European Commission is invited to prepare proposals to be tabled as

soon as the Constitutional Treaty has entered into force about the role of the

European Parliament and the national parliaments in the evaluation of

Eurojust's activities and the scrutiny of Europol's activities.

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Review

Since the programme will run for a period in which the Constitutional Treaty

will enter into force, a review of its implementation is considered to be

useful. To that end, the Commission is invited to report in the second half of

2006 to the European Council on the progress made and to propose the

necessary additions to the programme, taking into account the changing legal

basis as a consequence of the imminent entry into force of the Constitutional

Treaty.

III.

SPECIFIC ORIENTATIONS

STRENGTHENING FREEDOM

The right of all EU citizens to move and reside freely in the territory of the

Member States is the central right of citizenship of the Union. Practical

significance of citizenship of the Union will be enhanced by full implementation

of Directive 2004/38, which codifies Community law in this field and brings

clarity and simplicity. The Commission is asked to submit in 2008 a report to the

Council and the European Parliament, accompanied by proposals for allowing

EU citizens to move between Member States on the same terms as nationals of a

Member State moving around or changing their place of residence in their own

country.

The European Council encourages the Union’s institutions, within the

framework of their competences, to maintain an open, transparent and regular

dialogue with representative associations and civil society. In particular, the

European Council invites the Council and the Commission to give special

attention to the fight against anti-semitism, racism and xenophobia.

International migration will continue. A comprehensive approach, involving

all stages of migration, is needed. This implies an integrated approach, with

respect to the root causes of migration, the entry and admission policies and

integration and return policies.

To ensure a comprehensive and integrated approach, the European Council

urges the Council, the Member States and the Commission to pursue

coordinated, strong and effective working relations between those

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responsible for migration and asylum policy and those responsible for other

policy fields relevant to these areas.

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The development of the European asylum and migration policy should be

based on a common analysis of migratory phenomena in all their aspects.

Reinforcing the collection, provision and exchange of up-to-date information

and data on all relevant migratory developments is of key importance.

The second phase in the field of asylum, migration and borders started on 1

May 2004. It should include closer practical cooperation between Member

States, including technical assistance and exchange of information,

monitoring of the adequate and timely implementation and application of

instruments as well as further harmonisation of legislation.

The European Council, taking into account the assessment by the

Commission and the strong views of the European Parliament, asks the

Council to adopt a decision based on Article 67(2) TEC immediately after

formal consultation of the European Parliament and no later than 1 April

2005 to apply the procedure provided for in Article 251 TEC to all Title IV

measures to which this procedure will apply under the Constitutional Treaty.

1.1

A Common European Asylum System

The aims of the Common European Asylum System in its second phase will

be the establishment of a common asylum procedure and a uniform status

for those who are granted asylum or subsidiary protection. It will be based

on the full and inclusive application of the Geneva Convention on Refugees

and other relevant Treaties, and be built on a thorough and complete

evaluation of the legal instruments that have been adopted in the first phase.

The European Council urges the Member States to fully implement the first

phase without delay. In this regard the Council should adopt the Asylum

Procedures Directive by 1 March 2005 at the latest. The Commission is

invited to conclude the evaluation of first-phase legal instruments in 2007.

The second-phase instruments and measures should be submitted to the

Council and the European Parliament with a view to their adoption before

the end of 2010. In this framework, the European Council invites the

Commission to present a study on the legal and practical implications of joint

processing of asylum applications within the Union, also taking into account

the feasibility of the joint processing of asylum applications outside EU

territory.

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The European Council invites the Council and the Commission to establish

an asylum unit for the coordination of practical cooperation between the

asylum services of the Member States in 2005. The asylum unit should assist

Member States, inter alia, in achieving a single procedure for the assessment

of applications for international protection, and in jointly compiling,

assessing and applying information on countries of origin. It should also

assist Member States in addressing particular pressures on the asylum

systems and reception capacities resulting, inter alia, from their geographical

location. When a common asylum procedure has been established by the end

of 2010, the asylum unit will be transformed into a European office

concerned with all forms of cooperation relating to the Common European

Asylum System.

The European Council welcomes the establishment of the new European

Refugee Fund for the period 2005-2010 and stresses the urgent need for

Member States to maintain adequate asylum systems and reception facilities

in the run-up to the establishment of a common asylum procedure. It invites

the Commission to designate Community funds to assist Member States in

the processing of asylum applications and in the reception of specific

categories of third-country nationals. It invites the Council to designate these

categories on the basis of a proposal to be submitted by the Commission in

2005.

1.2

Legal migration, free movement and integration of third-country

nationals

1.2.1. Legal migration and the fight against illegal employment

Legal migration should play a role in partnerships with third countries,

notably in cases of temporary labour migration. It can also play an important

role in enhancing the knowledge-based economy in Europe, and in

advancing economic development, and thus contribute to the

implementation of the Lisbon strategy.

The European Council invites the Commission to present an action plan on

legal migration before the end of 2005. This action plan should include

debates on the Green Paper on labour migration which the Commission is

preparing and on the Commission Communication on legal and illegal

migration.

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The European Council invites the Commission and the Council to develop

flexible admission procedures capable of responding promptly to fluctuating

demands for migrant labour in the European labour market. When such

procedures are devised, it should be borne in mind that determination of

volumes for the admission of labour migrants falls within the sphere of

competence of Member States.

As the informal economy can act as a pull factor for illegal immigration and

can lead to exploitation and insecurity, the European Council calls on

Member States to reach the targets for reducing the informal economy set

out in the European employment strategy.

1.2.2. Integration of third-country nationals

Stability and cohesion within our societies benefit from the

integration of third-country nationals and their descendants.

policies can sustain this process, while preventing the isolation

groups. A comprehensive approach involving stakeholders at

national, and EU level is therefore essential.

successful

Effective

of certain

the local,

While recognising the progress that has already been made in respect of the

fair treatment of third-country nationals in the EU, the European Council

calls for the creation of equal opportunities to fully participate in society,

leading to civic citizenship. Obstacles to integration need to be actively

eliminated.

The European Council underlines the need for greater coordination of

national integration policies and EU initiatives in this field. In this respect,

the common basic principles underlying a coherent European framework on

integration should be established.

These principles, connecting all policy areas related to integration, should

include at least the following aspects. Integration:



is a continuous, two-way process involving both legally-resident

third-country nationals and the host society;



includes, but goes beyond, anti-discrimination policy;

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

implies respect for the basic values of the European Union and

fundamental human rights;



requires basic skills for participation in society;



relies on frequent interaction between all members of society;



extends to a variety of policy areas, including employment and education.

A framework, based on these common basic principles, will form the

foundation for future initiatives in the EU, relying on clear goals and means

of evaluation. The European Council invites Member States, the Council,

and the Commission to promote the structural exchange of experience and

information on integration, supported by the development of a broadly

accessible website on the Internet.

1.3

The external dimension of asylum and migration

1.3.1. Partnership with third countries

Asylum and migration are by their very nature international issues. EU policy

should aim at assisting third countries, in full partnership, in their efforts to

improve their capacity for migration management and refugee protection,

prevent and combat illegal immigration, promote legal channels for

migration, resolve refugee situations by providing better access to durable

solutions, build border-control capacity, enhance document security and

tackle the problem of return.

The European Council recognises that insufficiently managed migration

flows can result in humanitarian disasters and wishes to express its utmost

concern about the human tragedies that take place as a result of attempts to

enter the EU illegally. It calls upon all States, inside and outside the EU, to

cooperate in preventing further loss of life.

The European Council calls upon the Council and the Commission to

continue the process of fully integrating migration in the EU's existing and

future relations with third countries. It invites the Commission to complete

the integration of migration into the Country and Regional Strategy Papers

for all relevant third countries by the spring of 2005.

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The European Council acknowledges the need for the EU to contribute to a

more accessible, equitable and effective international protection system in

partnership with third countries, to provide access to protection and durable

solutions at the earliest possible stage. Countries in regions of origin and

transit will be encouraged in their efforts to strengthen capacity for the

protection of refugees and thus to act as countries of first asylum.

1.3.2. Partnership with countries and regions of origin

The European Council welcomes the Commission Communication on

improving access to durable solutions

and invites the Commission to

develop EU-Regional Protection Programmes in partnership with the third

countries concerned and in close consultation with UNHCR. These

programmes will build on experience gained in pilot protection programmes

to be launched before the end of 2005. These programmes will incorporate a

variety of relevant instruments, primarily focused on capacity building, and

include a joint resettlement programme for Member States willing to

participate in such a programme.

In partnership and dialogue with countries and regions of origin, specific

attention should be given to the need for coherence of policy on the linkage

between migration, development cooperation and humanitarian assistance

policies. The European Council welcomes the progress already made, invites

the Council to develop these policies further, with particular emphasis on

root causes and push factors, and urges the Commission to present concrete

and carefully worked out proposals on these subjects by the spring of 2005.

1.3.3. Partnership with countries and regions of transit

As regards countries of transit, the European Council emphasises the need

for intensified cooperation and capacity-building, both on the southern and

the eastern borders of the EU, to enable these countries to better manage

migration and to provide adequate protection for refugees. Support for

capacity-building in national asylum systems, border control and wider

cooperation on migration issues will only be given to those countries that

fulfil their obligations under the Geneva Convention on Refugees.

COM (2004) 410 def.

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The European Neighbourhood Policy provides a strategic framework for

intensifying cooperation and dialogue on asylum and migration with

neighbouring countries, and for initiating new measures. The European

Council requests a report on progress and achievements before the end

of 2005.

1.3.4

Return and re-admission policy

Migrants who do not or no longer have the right to stay legally in the EU are

urged to return on a voluntary basis. If necessary they should be returned

involuntarily. The European Council calls for the establishment of an

effective removal and repatriation policy based on common standards of

protection for repatriated persons.

The European Council considers it essential that the Council start

discussions on minimum standards for return procedures early in 2005. The

proposal should also take into account special concerns as regards

safeguarding public order and security.

The European Council calls for:



closer cooperation and mutual technical assistance;



the launch of the preparatory phase of a European return fund;



common integrated country and region specific return programmes;



the establishment of a European Return Fund by 2007;



the timely conclusion of Community readmission agreements;



a coherent approach between return policy and all other aspects of

the Community's relations with third countries;



the prompt appointment by the Commission of a Special

Representative for a common readmission policy.

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1.4

Management of migration flows

1.4.1. Border checks and the fight against illegal immigration

The European Council stresses the importance of a swift abolition of internal

border controls, the further gradual establishment of the integrated

management system for external borders and the strengthening of controls at

and surveillance of the external borders of the Union. In this respect the

need for solidarity between the Member States is underlined.

The European Council urges the Council, the Commission and Member

States to take all necessary measures to allow the abolition of controls at

internal borders as soon as possible after the Schengen Information System

(SIS II) has become operational, provided all requirements to that end have

been fulfilled.

The European Council welcomes the establishment of the European Agency

for the Management of Operational Cooperation at the External Borders, on

1 May 2005. It requests the Commission to submit an evaluation of the

Agency to the Council before the end of 2007. The evaluation should contain

a review of the tasks of the Agency and an assessment of whether the

Agency should concern itself with other aspects of border management.

The control and surveillance of external borders is primarily a task for

national border authorities. However, in order to support Member States

with specific requirements for control and surveillance of long or difficult

stretches of external borders, and where Member States are confronted with

special and unforeseen circumstances due to exceptional migratory pressures

on these borders, the European Council:



invites the Council to establish a rapid reaction force of national

experts that should provide increased technical and operational

assistance to Member States requiring it, following proper risk analysis

by and in the framework of the Border Management Agency, on the

basis of a proposal by the Commission on the appropriate powers and

funding for such a force, to be submitted in 2005;

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

invites the Council and the Commission to establish a Community

border management fund by the end of 2006 at the latest;



invites the Commission to submit a proposal, simultaneously with the

evaluation of the Border Management Agency, to convert the

Schengen evaluation mechanism into an objective and impartial

supervisory mechanism linked to the Agency, ensuring a role for

Member States experts; this mechanism should also be given the

power to carry out inspections unannounced.

Particular attention will have to be paid to cooperation between Member

States and with third countries in intercepting and rescuing illegal immigrants

at sea. The question of whether the rapid reaction force of national experts

can ultimately be converted into European corps of border guards should be

examined as part of the mid-term review envisaged above.

The European Council invites Member States to improve their joint analyses

of migratory routes and smuggling and trafficking practices, inter alia within

the framework of the Border Management Agency and in close cooperation

with Europol. It also calls on the Council and the Commission to ensure the

firm establishment of immigration liaison networks in relevant third

countries.

With a view to the development of common standards, best practices and

mechanisms to prevent and combat trafficking in human beings, the

European Council invites the Council and the Commission to develop a

plan in 2005.

1.4.2. Biometrics and information systems

The management of migration flows is strengthened by establishing a

continuum of security measures that effectively links visa application

procedures and entry and exit procedures at external border crossings. Such

measures are also of importance for the prevention and control of crime, in

particular terrorism. In order to achieve this, a coherent approach and

harmonised solutions in the EU on biometric identifiers and data are

necessary.

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The European Council requests the Council to examine maximising the

effectiveness and interoperability of EU information systems in tackling

illegal immigration and improving border controls as well as the management

of these systems on the basis of a communication by the Commission on the

interconnecting of the Schengen Information System (SIS II), the Visa

Information System (VIS) and EURODAC to be released in 2005, taking

into account the need to strike the right balance between law enforcement

purposes and safeguarding the fundamental rights of individuals.

The European Council invites the Council, the Commission and Member

States to continue their efforts to integrate biometric identifiers in travel

documents, EU citizens' passports and information systems, without delay.

In anticipation of the entry into force of the Constitutional Treaty, the

European Council requests the Council and Commission to prepare for the

development of minimum standards for national identity cards.

1.4.3 Visa policy

The European Council underlines the need for further development of the

common visa policy as part of a multi-layered system aimed at facilitating

legitimate travel and tackling illegal immigration through further

harmonisation of national legislation and handling practices at local consular

missions. Visa policy should also play a role in the EU's relations with third

countries. Common visa offices should be established in the long term,

taking into account discussions on the establishment of an EU external

action Service.

The European Council:



invites the Commission, as a first step, to propose necessary

amendments to further enhance visa policies and to submit in 2005 a

proposal on the establishment of common application centres, to

review the Common Consular Instructions and table the appropriate

proposal by early 2006 at the latest;



stresses the importance of the swift implementation of the VIS

starting with the incorporation of alphanumeric data and photographs

by the end of 2006 and biometrics by the end of 2007 at the latest;

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

calls on the Commission to continue its efforts to ensure that within a

reasonable time period the citizens of all Member States can travel

without a short-stay visa to all third countries whose nationals can

travel to the EU without a visa;



invites the Council and the Commission to examine whether it would

be possible to facilitate the issuance of short-stay visas to third-

country nationals, if appropriate, as part of a real partnership in

external relations, including migration-related issues.

STRENGTHENING SECURITY

2.1

Improving the exchange of information

The European Council is convinced that strengthening freedom, security and

justice requires an innovative approach to the cross-border exchange of

law-enforcement information. The mere fact that information crosses

borders should no longer be relevant.

With effect from 1 January 2008 the exchange of such information should be

governed by the principle of availability, which means that, throughout the

Union, a law enforcement officer in one Member State who needs

information in order to perform his duties can obtain this from another

Member State and that the law enforcement agency in the other Member

State which holds this information will make it available for the stated

purpose.

The Commission is requested to submit proposals by 1 July 2006 at the latest

for the implementation of the principle of availability, in which the following

key conditions should be strictly observed:



the exchange may only take place in order that legal tasks may be

performed;



the integrity of the data to be exchanged must be guaranteed;



the confidentiality of the data at all stages of and after the exchange must

be secured;



common standards for access to the data and common technical

standards must be applied;



individuals must be protected from abuse of data and have the right to

seek correction of incorrect data.

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The methods of exchange of information should make full use of new

technology and must be adapted to each type of information, preferably

through mutual access or the interconnection of national databases based on

their interoperability, or direct (on-line) access to existing central EU

databases such as the SIS. The creation of new centralised European

databases should be based on studies that have shown their added value.

2.2

Terrorism

The European Council underlines that effective prevention and combating of

terrorism requires Member States not to confine their activities to

maintaining national security, but to focus also on the security of the Union

as a whole.

As a goal this means that:



Member States use the powers of their intelligence and security services

not only to counter threats to internal security within their own

territories, but also, as the case may be, to protect the internal security of

the other Member States;



information available to services of one Member State, concerning threats

to the internal security of another Member State, is immediately brought

to the attention of that Member State; and



in cases where persons are under surveillance by security services in

connection with terrorist threats, no gaps occur in their surveillance as a

result of their crossing a border.

In the short term all the elements of the European Council's declaration of

25 March 2004 and the EU action plan on combating terrorism must

continue to be implemented in full, and the EU Counter Terrorism

Coordinator is encouraged to promote progress.

Exchange of information between security services should further be

improved by 1 July 2005, taking into account the principle of availability as

described above in paragraph 2.1 and giving particular consideration to the

need to secure the sources of information and the continued confidentiality

of the data after the exchange.

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With effect from 1 January 2005, SitCen will provide the Council with

strategic analysis of the terrorist threat based on intelligence from Member

States' intelligence and security services and, where appropriate, on

information provided by Europol.

The EU Counter-Terrorism Coordinator should, by 1 January 2006, together

with the Commission and experts of the Member States, develop best

practices to prevent radicalisation and recruitment.

All the instruments available to the EU should be used in a consistent

manner so that the key concern – the fight against terrorism – is fully

addressed. To that effect the JHA ministers within the Council should have a

coordinating role. The Commission should review Community legislation in

sufficient time to be able to adapt it in parallel with measures to be adopted

in order to combat terrorism.

The European Union will further strengthen its efforts in the external

dimension of the area of freedom, security and justice towards the fight

against terrorism. In this context, the Council is invited to set up in

conjunction with Europol and the European Border Agency a network of

national experts on preventing and combating terrorism and on border

control, who will be available to respond to requests from third countries for

technical assistance in the training and instruction of their authorities.

The European Council calls upon the Commission to provide, with the

assistance of the EU Counter-Terrorism Coordinator, a flexible and

horizontal mechanism for the financing of projects in third countries instead

of the present financing from regional funds.

2.3

Police cooperation

The effective combating of cross-border organised and other serious crime

and terrorism requires intensified practical police cooperation between

Member States and with Europol and better use of existing instruments in

this field.

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The European Council urges the Member States to enable Europol in

cooperation with Eurojust to play a key role in the fight against cross-border

(organised) crime and terrorism by:



ratifying and effectively implementing the necessary legal instruments by

the end of 2004

;



providing all necessary good quality information to Europol in good time;



encouraging good cooperation between their competent national

authorities and Europol.

With effect from 1 January 2006, Europol must have replaced its "crime

situation reports" by yearly "threat assessments" on serious forms of

organised crime, based on information provided by the Member States and

input from Eurojust and the Chiefs Police Task Force. The Council should

use these analyses to establish yearly strategic priorities, which will serve as

guidelines for further action. This should be the first step towards the goal of

setting up and implementing a methodology for intelligence-led law

enforcement at EU level.

The Council should adopt the European law on Europol, provided for in

Article III-276 of the Constitutional Treaty, as soon as possible after the

entry into force of the Constitutional Treaty and no later than 1 January

2008, taking account of all tasks referred to Europol.

Until that time, Europol must improve its functioning by making full use of

the cooperation agreement with Eurojust. Europol and Eurojust should

report annually to the Council on their common experiences and about

specific results. Furthermore Europol should encourage the use of and its

participation in Member States' joint investigation teams.

Europol Protocols: the Protocol amending Article 2 and the Annex to

the Europol Convention of 30 November 2000, OJ C 358 13.12.00, p.

1, the Protocol on the privileges and immunities of Europol, the

members of its organs, its Deputy Directors and its members of

28 November 2002 OJ C 312 16.12.2002, p.1 and the Protocol

amending the Europol Convention of 27 November 2003, OJ C 2

6.1.2004. The Convention of 29 May 2000 on mutual assistance in

criminal matters between the Member States, OJ C 197, 12.7.00, p. 1

and its accompanying Protocol of 16 October 2001 OJ C 326, 21.11.01,

p. 2 and Framework Decision 2002/465/JHA of 13 June 2002 on Joint

Investigation Teams, OJ L 162, 20.6.02, p. 1.

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Experience in the Member States with the use of joint investigation teams is

limited. With a view to encouraging the use of such teams and exchanging

experiences on best practices, each Member State should designate a national

expert.

The Council should develop common principles with a view to cross-border

police cooperation.

Member States should engage in improving the quality of their law

enforcement data with the assistance of Europol. Furthermore, Europol

should advise the Council on methods to improve the data. The Europol

information system should be up and running without delay.

The Council is invited to encourage the exchange of best practices on

investigative techniques as a first step to the development of common

investigative techniques, envisaged in Article III-257 of the Constitutional

Treaty, in particular in the area of forensic investigations.

Police cooperation between Member States is in a number of cases made

more efficient and effective by facilitating cooperation on specified themes

between Member States concerned, where appropriate by establishing joint

investigation teams and, where necessary, supported by Europol and

Eurojust. In specific border areas, closer cooperation and better coordination

is the only way to deal with crime and threats to public security and national

safety.

Strengthening police cooperation requires focused attention on mutual trust

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

should be made to improve the understanding of the working of Member

States' legal systems and organisations. The Council and the Member States

should develop by the end of 2005 in cooperation with CEPOL standards

and modules for training courses for national police officers with regard to

practical aspects of EU-police cooperation.

The Commission is invited to develop by the end of 2005 systematic

exchange programmes for police authorities aimed at a better understanding

of the working of Member States' legal systems and organisations.

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2.4

Management of internal crises

The European Council adopted on 12 December 2003 the European security

strategy, which outlines global challenges, key threats, strategic objectives and

policy implications for a secure Europe in a better world. An essential

complement thereof is providing internal security within the European

Union, especially in the event of major internal cross-border crises affecting

our citizens, our vital infrastructure and our public order and security. Only

then can optimum protection be provided to European citizens and our vital

infrastructure in the case of, for example, a NBRC accident.

Effective management of internal crises requires not only the strengthening

of the current actions on civil protection and vital infrastructure but also

addressing effectively the public order and security aspects of such crises and

the coordination between these areas.

Therefore the European Council calls for the Council and the Commission

to set up within the existing structures an integrated EU internal crisis

management arrangement addressing this coordination, to be implemented at

the latest by 1 July 2006. For this purpose a temporary EU internal security

working group will be established within the existing structures under the

JHA Council by 1 January 2005, with the task of submitting to the Council

by the end of 2005 at the latest a proposal setting out the details and terms of

reference of the arrangement. This proposal should at least address the

following issues: further assessment of Member States' capabilities,

stockpiling, training and joint exercises.

2.5

Operational cooperation

Coordination of operational activities by law enforcement agencies in all

segments of the area of freedom, security and justice

as well as the

monitoring of the strategic priorities set by the Council

must be ensured.

Police and judicial cooperation, civil protection and border control.

On the basis of analyses by Europol, SITCEN and/or EBA.

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To that end, the Council is invited to prepare for the setting up of the

committee on internal security, envisaged in Article III-261 of the

Constitutional Treaty, in particular by determining its field of activity, tasks,

competences and composition, with a view to its establishment as soon as

possible after the Constitutional Treaty has entered into force.

To gain practical experience with coordination in the meantime, the Council

is invited to organise a joint meeting every six months between the

chairpersons of the Strategic Committee on Immigration, Frontiers and

Asylum (SCIFA) and the Article 36 Committee (CATS) and representatives

of the Commission, Europol, Eurojust, the EBA, the Police Chiefs' Task

Force, the SitCEN and a temporary working group to be established on EU

internal security.

2.6

Prevention

The Union needs an effective tool to support the efforts of Member States in

preventing crime, in particular juvenile, urban and drug-related crime. To that

end, the European Crime Prevention Network should be professionalised

and strengthened. Since the scope of prevention is very wide, it is essential to

focus on measures and priorities that are most beneficial to Member States.

The European Crime Prevention Network should assist the Commission in

developing effective crime prevention policies.

In this respect we welcome the initiative of the Commission to establish

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.

It is important to protect public organisations and private companies from

organised crime through administrative and other measures. Private/public

partnership is an essential tool. The Commission is invited to present

proposals to this effect in 2006.

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3.1

STRENGTHENING JUSTICE

Protection of rights and access to justice

3.1.1

Protection of rights

Incorporating the Charter into the Constitutional Treaty and accession to the

European Convention for the protection of human rights and fundamental

freedoms will place the Union, including its institutions, under a legal

obligation to ensure that in all its areas of activity, fundamental rights are not

only respected but also actively promoted.

In that perspective the Commission is invited to present a communication by

2005 that will serve as a basis for a discussion on the extension of the

mandate of the European Monitoring Centre on Racism and Xenophobia

towards a Human Rights Agency in order to develop a human rights data

collection and analysis with a view to defining Union policy in this field.

3.1.2 European Court of Justice

The European Council underlines the importance of the European Court of

Justice in the relatively new area of freedom, security and justice and is

satisfied that the Constitutional Treaty greatly increases the powers of the

European Court of Justice in that area.

To ensure, both for European citizens and for the functioning of the area of

freedom, security and justice, that questions on points of law brought before

the Court are answered quickly it is necessary to enable the Court to respond

quickly as demanded by Article III-369 of the Constitutional Treaty.

In this context and in the perspective of the future Constitutional Treaty,

thought should be given to setting up a more formal solution to handle

requests for preliminary rulings concerning the area of freedom, security and

justice, in particular by amending the Statute of the Court in accordance with

the procedure laid down in Article III-381 of the Constitutional Treaty.

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3.2

Confidence-building and mutual trust

Judicial cooperation both in criminal and civil matters could be further

enhanced by strengthening mutual trust. In an enlarged European Union,

mutual confidence shall be based on the certainty that all European citizens

have access to a judicial system meeting high standards of quality.

In order to facilitate full implementation of the principle of mutual

recognition, a system providing for objective and impartial evaluation of the

quality of justice, consistent with all the existing European mechanisms, shall

be established.

Strengthening mutual confidence requires an explicit effort to improve

mutual understanding among judicial authorities and different legal systems.

In this regard, networking of judicial organisations and institutions, notably

the network of the Councils for the Judiciary, should be supported by the

Union.

Exchange programmes for judicial authorities will facilitate cooperation and

help develop mutual trust. An EU component should be systematically

included in the training of judicial authorities. The Commission is invited to

prepare a proposal aimed at creating an effective European training network

for judicial authorities for both civil and criminal matters, as envisaged by

Articles III-269 and III-270 of the Constitutional Treaty.

3.3

Judicial cooperation in criminal matters

Judicial cooperation should be simplified and facilitated by reducing existing

legal obstacles and by strengthening the coordination of investigations and

possible concentration of prosecutions in cross-border multilateral cases.

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3.3.1

Mutual recognition

The comprehensive programme of measures to implement the principle of

mutual recognition of judicial decisions in criminal matters

should be

completed and further attention should be given to additional proposals in

that context, in particular on the recognition of final decisions. The further

realisation of mutual recognition as the cornerstone of judicial cooperation

must be accompanied by the development of common standards for

procedural rights in criminal proceedings

The Council should adopt by the end of 2005 the Framework Decision on

the European Evidence Warrant

. The Commission is invited to present its

proposals on mutual access to national records of convictions and

disqualifications by December 2004 with a view to adoption by the Council

by the end of 2005.

3.3.2

Approximation of law

The European Council reiterates that in conformity with the existing and

future Treaty approximation of procedural and substantive criminal law

should not be undertaken as an independent exercise, but, where necessary,

as an accompanying measure, in order to facilitate judicial cooperation and

mutual recognition of judicial decisions in criminal matters.

To ensure more effective implementation within national systems, JHA

ministers should be responsible within the Council for defining criminal

offences and determining penalties in general.

3.3.3

Eurojust

Effective combating of cross-border organised and other serious crime and

terrorism requires the cooperation and coordination of investigations and,

where possible, concentrated prosecutions by Eurojust, in cooperation with

Europol.

OJ C 12, 15.1.2001, pages 10-22.

COM (2004) 328.

COM(2003) 688

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The European Council urges the Member States to enable Eurojust to

perform its tasks by:



effectively implementing the Council Decision on Eurojust by the end of

2004

with special attention to the judicial powers to be conferred upon

their national members; and



ensuring full cooperation of their competent national authorities with

Eurojust.

The Council should adopt on the basis of a proposal of the Commission the

European law on Eurojust, provided for in Article III-273 of the

Constitutional Treaty, after the entry into force of the Constitutional Treaty

but no later than 1 January 2008, taking account of all tasks referred to

Eurojust.

Until that time, Eurojust will improve its functioning by focusing on

coordination of multilateral, serious and complex cases. Eurojust should

include in its annual report to the Council the results and the quality of its

cooperation with the Member States. Eurojust should make maximum use of

the cooperation agreement with Europol.

3.4.

Judicial cooperation in civil matters

3.4.1 Facilitating civil law procedure across borders

Civil law, including family law, concerns citizens in their everyday lives.

Therefore the European Council attaches great importance to the continued

development of judicial cooperation in civil matters and the completion of

the programme of mutual recognition adopted in 2000. The main policy

objective in this area is that borders between countries in Europe should no

longer constitute an obstacle to the settlement of civil law issues or to the

bringing of court proceedings and the enforcement of decisions in civil

matters.

OJ L 63, 6.3.2002, pages 1-3.

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3.4.2 Mutual recognition of decisions

Mutual recognition of decisions is an effective means of protecting citizens'

rights and securing the enforcement of such rights across European borders.

Continued implementation of the programme of measures on mutual

recognition

must therefore be a main priority in the coming years. Work

concerning the following projects should be carried on with energy: the

conflict of laws regarding non-contractual obligations ("Rome II") and

contractual obligations ("Rome I"), a European Payment Order and

instruments concerning alternative dispute resolution and concerning small

claims. In timing the completion of these projects, due regard should be had

to current work in related areas.

The effectiveness of existing instruments on mutual recognition should be

increased by standardising procedures and documents and developing

minimum standards for aspects of procedural law, such as the service of

judicial and extra-judicial documents, the commencement of proceedings,

default, enforcement of judgments and transparency of costs.

The Commission is invited to submit the following proposals:



a draft regulation on the recognition and enforcement of decisions on

maintenance in 2005;



a Green Paper on the conflict of laws in matters of succession and a

European certificate of inheritance in 2005; and



a Green Paper on the conflict of laws in matters concerning matrimonial

property regimes in 2006.

Instruments in these areas should be completed by 2011. Such instruments

should cover matters of private international law and should not be based on

harmonised concepts of "family", "marriage", etc. Rules of uniform

substantive law may be introduced only as an accompanying measure, insofar

as is necessary to effect mutual recognition of decisions.

Implementation of the programme of mutual recognition should be based on

a careful review of the operation of instruments that have recently been

adopted. The outcome of such a review should provide the necessary input

for the preparation of new measures.

OJ C 12, 15.1.2001, page 1-9.

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3.4.3. Enhancing cooperation

With a view to achieving smooth operation of instruments involving

cooperation of judicial or other bodies, Member States should be required to

designate liaison judges based in their own country. The Commission is

invited to organise EU workshops on the application of EU law and

promote cooperation between members of the legal professions (such as

bailiffs and notaries public) with a view to establishing best practices.

3.4.4 Ensuring coherence and upgrading the quality of EU legislation

The quality of existing Community law should be improved by developing a

common frame of reference on contract law. A forum should be created for

drawing up EU-wide standard terms and conditions of contract law which

could be used by companies and trade associations in the Union.

Measures should be taken to enable the Council to effect a more systematic

scrutiny of the quality and coherence of all Community law instruments

relating to cooperation on civil law matters.

3.4.5. International legal order

The Commission and the Council are urged to ensure coherence between the EU

and the international legal order and to engage in closer relations and

cooperation with international organisations such as the Hague Conference on

Private International Law, particularly in order to coordinate initiatives and to

maximise synergies between these organisations' activities and instruments and

the EU instruments. Accession of the Community to The Hague Conference

should be concluded as soon as possible.

4. EXTERNAL RELATIONS

The European Council calls on the Commission and the Secretary-General /

High Representative to issue, in the first half of 2006, a communication on the

external aspects of the Union policy on freedom, security and justice, closely

linked to the measures developed in this programme and taking into account

existing measures in the area of asylum and migration. In this communication

special attention is to be given to the relationship with the USA in the field of

combating terrorism.

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