Action Plan of the Council and the Commission on how best to implement the provisions of the
 Treaty of Amsterdam on an area of freedom, security and justice
 Doc.n.13844/98

 TABLE OF CONTENTS

 PART I:INTRODUCTION

 PART II: PRIORITIES AND MEASURES

   A.Selection criteria for priorities
   B.Policies related to free movement of persons
         I.Measures in the field of asylum, external borders and immigration
        II.Judicial cooperation in civil matters
   C.Provisions on police and judicial cooperation in criminal matters
         I.Police cooperation
        II.Judicial cooperation in criminal matters
        III.Approximation of rules on criminal matters
        IV.Horizontal issues

 PART I - INTRODUCTION

 1. The European Council, meeting at Cardiff called on the Council and the Commission to submit at its
 meeting in Vienna an action plan on "how best to implement the provisions of the Treaty of Amsterdam
 on an area of freedom, security and justice".

 Heads of State and Government at Pörtschach further confirmed the importance they attach to this
 subject by agreeing to hold a special European Council in Tampere in October 1999.

 Under the Amsterdam Treaty, the areas of visa, asylum, immigration and other policies related to free
 movement of persons, like judicial cooperation in civil matters, are transferred from the EU's third pillar
 to its first pillar (albeit not all of the first pillar procedures will be applicable), whereas provisions on
 police and judicial cooperation in criminal matters contained in the new Title VI of the TEU remain
 within the EU's third pillar. In addition to these changes in responsibilities, the Amsterdam Treaty also
 lays down the broad lines of action in the areas currently assigned to the third pillar.

 2. When the Cardiff European Council called on the Council and the Commission to present the Action
 Plan, it clearly indicated its view that those provisions offer new opportunities to tackle an area of
 major public concern and thus to bring the European Union closer to the people.

 3. Without underestimating what has already been achieved in this area under the EC Treaty, under
 the Title VI provisions of the Maastricht Treaty and within Schengen, it is worth recalling the reasons
 why the new provisions adopted in Amsterdam open up improved possibilities. First, the objective of
 maintaining and developing the Union as an area of freedom, security and justice is asserted and the
 various aspects involved are reviewed. Secondly, the Union has been given the necessary framework
 in which to accommodate it and the instruments required have been strengthened and at the same
 time, thanks to the enhanced role foreseen for the European Court of Justice and the European
 Parliament, made subject to tighter judicial and democratic review. The Community method is
 extended: several of the areas of the current "third pillar" are brought under Community
 arrangements and restrictions which used to apply to the Community institutions in the areas of police
 and criminal justice cooperation have been lifted. Access to the Community budget has been made
 less cumbersome. Finally, the integration of Schengen recognizes the efforts of the Member States
 which embarked on this cooperation and gives the Union a base on which to build further.

 4. In drawing up this action plan, the Council and the Commission take as their starting point that one
 of the keys to its success lies in ensuring that the spirit of interinstitutional cooperation inherent in the
 Amsterdam Treaty is translated into reality. This applies in particular to the new responsibilities,
 including an extended right of initiative, which Amsterdam bestows on the Commission. What is
 important is not so much where the right of initiative lies, be it shared or exclusive, as the way in
 which this right is exercised. In any case the Treaty provides that for the five years earmarked for the
 full attainment of the free movement of persons, the right of initiative will be shared between the
 Commission and the Member States for matters transferred to the Community framework.

 5. Although any action plan drawn up must, in concrete terms, necessarily reflect the priorities and
 timetable set out in the Amsterdam Treaty itself, it needs to reflect also the general approach and
 philosophy inherent in the concept of an "area of freedom, security and justice". These three notions
 are closely interlinked. Freedom loses much of its meaning if it cannot be enjoyed in a secure
 environment and with the full backing of a system of justice in which all Union citizens and residents
 can have confidence. These three inseparable concepts have one common denominator - people - and
 one cannot be achieved in full without the other two. Maintaining the right balance between them
 must be the guiding thread for Union action. It should be noted in this context that the Treaty
 instituting the European Communities (article 61 ex article 73 I a), makes a direct link between the
 measures establishing freedom of movement of persons and the specific measures seeking to combat
 and prevent crime (article 31 e TEU), thus creating a conditional link between the two areas.

 AN AREA OF FREEDOM

 a) A wider concept of freedom

 6. Freedom in the sense of free movement of people within the European Union remains a
 fundamental objective of the Treaty, and one to which the flanking measures associated with the
 concepts of security and justice must make their essential contribution. The Schengen achievement
 has shown the way and provides the foundation on which to build. However, the Treaty of Amsterdam
 also opens the way to giving "freedom" a meaning beyond free movement of people across internal
 borders. It is also freedom to live in a law-abiding environment in the knowledge that public
 authorities are using everything in their individual and collective power (nationally, at the level of the
 Union and beyond) to combat and contain those who seek to deny or abuse that freedom. Freedom
 must also be complemented by the full range of fundamental human rights, including protection from
 any form of discrimination as foreseen by Articles 12 and 13 of TEC and 6 of the TEU.

 7. Another fundamental freedom deserving special attention in today's fast-developing information
 society is that of respect for privacy and in particular the protection of personal data. When, in support
 of the development of police and judicial cooperation in criminal matters, personal data files are set up
 and information exchanged, it is indeed essential to strike the right balance between public security
 and the protection of individuals' privacy.

 b) Immigration and asylum policies

 8. When looking at the priorities ahead, different considerations must apply to immigration policy on
 the one hand and asylum policy on the other. Future work in these areas will essentially be
 determined by the fact that the new Treaty itself contains an obligation to take action within 5 years in
 a wide range of immigration and asylum-related areas involving both substance and procedure. An
 impressive amount of work has already been carried out. However, the instruments adopted so far
 often suffer from two weaknesses: they are frequently based on "soft law", such as resolutions or
 recommendations that have no legally binding effect. And they do not have adequate monitoring
 arrangements. The commitment in the Amsterdam Treaty to use European Community instruments in
 the future provides the opportunity to correct where necessary these weaknesses. Particular priority
 needs to be attached to combating illegal immigration on the one hand, while on the other hand
 ensuring the integration and rights of those third country nationals legally present in the Union as well
 as the necessary protection for those in need of it even if they do not meet fully the criteria of the
 Geneva Convention.

 B. AN AREA OF SECURITY

 9. The full benefits of any area of freedom will never be enjoyed unless they are exercised in an area
 where people can feel safe and secure.

 10. The agreed aim of the Treaty is not to create a European Security area in the sense of a common
 territory where uniform detection and investigation procedures would be applicable to all law
 enforcement agencies in Europe in the handling of security matters. Nor do the new provisions affect
 the exercise of the responsibilities incumbent upon Member States to maintain law and order and
 safeguard internal security.

 11. Amsterdam rather provides an institutional framework to develop common action among the
 Member States in the indissociable fields of police cooperation and judicial cooperation in criminal
 matters and thus not only to offer enhanced security to their citizens but also to defend the Union's
 interests, including its financial interests. The declared objective is to prevent and combat crime at the
 appropriate level, "organised or otherwise, in particular terrorism, trafficking in persons and offenses
 against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud".

 a) Organised crime

 12. The Union's response to the challenge posed by organised crime is contained in the Action Plan
 endorsed by the Amsterdam European Council, which foresees an integrated approach at each step
 on the continuum from prevention to repression and prosecution. Important progress has already
 been made, as the Cardiff European Council recognised, but even when the Plan is fully implemented,
 the opportunities offered by Amsterdam to go further will have to be exploited.

 b) Drugs

 13. Drugs deserve a particular mention. They constitute a threat to collective and individual security in
 numerous ways, often but not always linked to organised crime. It is an area to which Europe has
 brought a distinctive and influential approach through its insistence on a comprehensive policy based
 on shared responsibility between consumer and producer countries. Within that comprehensive
 framework, however, it is clear that a major component will be the mobilisation of the full weight which
 various law enforcement agencies can collectively bring to bear against the traffickers and the criminal
 organisations which lie behind them. The Union's action plan against drugs for the period 2000-2004,
 currently under discussion in the Commission and the Council, will need to be drawn up and
 implemented in a way which fully exploits the possibilities of the new Treaty.

 c) Europol

 14. The new Treaty recognises the essential and central role Europol will play, by requiring that a
 number of specific measures be adopted within five years of its entry into force. It provides in
 particular further coordination and support for operational tasks by Europol. It is therefore important
 to start to work on the implementation of these measures as soon as possible, now that the Europol
 Convention has at last been ratified by all Member States, so as to allow Europol to play fully its new
 role as an indispensable European cooperation tool. These developments should build upon the
 "acquis" of the Europol Drugs Unit which, as a precursor for the future Europol, has gained experience
 in areas like information exchange, technical and operational support, threat analyses and situation
 reports.

 C. AN AREA OF JUSTICE

 15. The new impetus and instruments introduced by Amsterdam provide the opportunity to examine
 what the area of "justice" should seek to achieve, while respecting the reality that, for reasons deeply
 imbedded in history and tradition, judicial systems differ substantially between Member States. The
 ambition is to give citizens a common sense of justice throughout the Union. Justice must be seen as
 facilitating the day-to-day life of people and bringing to justice those who threaten the freedom and
 security of individuals and society. This includes both access to justice and full judicial cooperation
 among Member States. What Amsterdam provides is a conceptual and institutional framework to make
 sure that those values are defended throughout the Union.

 Both in civil and criminal matters speedy ratification and effective implementation of adopted
 conventions are crucial for achieving an area of Justice.

 a) Judicial cooperation in civil matters

 16. Reinforcement of judicial cooperation in civil matters, which many believe has developed too slowly,
 represents a fundamental stage in the creation of a European judicial area which will bring tangible
 benefits for every Union citizen. Law-abiding citizens have a right to look to the Union to simplify and
 facilitate the judicial environment in which they live in the European Union context. Here principles such
 as legal certainty and equal access to justice should be a main objective, implying easy identification of
 the competent jurisdiction, clear designation of the applicable law, availability of speedy and fair
 proceedings and effective enforcement procedures.

 b) Judicial cooperation in criminal matters

 17 There is a clear need for improving and speeding up judicial cooperation in criminal matters both
 among Member States and with third countries, specially in view of intensified police cooperation.
 However effective it may be, judicial cooperation in criminal matters is hard pressed today to deal with
 phenomena such as organised crime, unless there is facilitation of procedures and where necessary
 approximation of legislation.

 18. In concrete terms this means first of all that criminal behaviour should be approached in an equally
 efficient way throughout the Union: terrorism, corruption, traffic in human beings, organised crime,
 should be the subject of minimum common rules relating to the constituent elements of criminal acts,
 and should be pursued with the same vigour wherever they take place. If serious criminal conduct
 receives an equivalent response and procedural guarantees are comparable throughout the Union,
 the possibilities of improving coordination of prosecution, whenever greater efficiency can be
 reconciled with respect for individual rights, must be examined. This goes in particular for policy areas
 where the Union has already developed common policies, and for policy areas with strong
 cross-border implications such as environmental crime, high-tech crime, corruption and fraud, money
 laundering etc. According to the provisions of the Treaty of Amsterdam, the powers of Europol should
 be developed and the place and the role of judicial authorities in relation to Europol -either at the level
 of Member State or at the Union level- have to be examined.

 c) Procedures

 19. Procedural rules should respond to broadly the same guarantees, ensuring that people will not be
 treated unevenly according to the jurisdiction dealing with their case. In principle, this function of
 adequate and comparable procedural guarantees is already achieved by the safeguards of the
 European Convention on Human Rights and Fundamental Freedoms and their dynamic interpretation
 by the European Court of Human Rights, in particular regarding the rights of the defence in criminal
 proceedings. It appears useful, however, to complement those basic principles by standards and
 codes of good practice in areas of transnational relevance and common concern (e.g. interpretation)
 which may also extend to certain parts of the enforcement of criminal decisions, including, for instance,
 confiscation of assets and to aspects of offender reintegration and victim support.

 d) Cross-border litigation

 20. Difficulties with which citizens are intrinsically confronted in cross-border litigation, be it in civil or in
 criminal matters, should be neutralised as much as possible. This means, for example, streamlined
 communication of documents and information, use of multilingual forms, creation of mechanisms or
 networks to assist and advise in trans-national cases and possible legal aid schemes in such cases.

 D. ENLARGEMENT

 21. There is an important link with the enlargement process, in particular with the pre-accession
 strategy.

 The countries applying for membership of the European Union are well aware that Justice and Home
 Affairs will have a special significance for their applications.

 However, the JHA acquis is different in nature from other parts of the Union's acquis. Much still needs to
 be done and the acquis will therefore be developing constantly over the pre-accession years.

 The adoption of the Action Plan will have the additional advantage of setting out for the benefit of the
 applicant countries a clear and comprehensive statement of the Union's priorities in this area.

 E. RELATIONS WITH THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS

 22. The advances introduced by the Amsterdam Treaty will also enhance the Union's role as a player
 and partner on the international stage, both bilaterally and in multilateral fora. As a result, and
 building on the dialogue that it has already started in Justice and Home Affairs cooperation with an
 increasing number of third countries and international organisations and bodies (e.g. Interpol, UNHCR,
 Council of Europe, G8 and the OECD), this external aspect of the Union's action can be expected to
 take on a new and more demanding dimension. Full use will need to be made of the new instruments
 available under the Treaty. In particular, the communautarisation of the matters relating to asylum,
 immigration and judicial cooperation in civil matters permit the Community -to the extent permitted by
 the established case law of the European Court of Justice related to the external competence of the
 Community- to exercise its influence internationally in these matters. In those subjects which remain in
 Title VI of TEU, the Union can also make use of the possibility for the Council to conclude international
 agreements in matters relating to Title VI of the Treaty, as well as for the Presidency, assisted by the
 Secretary General of the Council and in full association with the Commission, to represent the Union in
 these areas.

 F. STRUCTURE OF WORK IN THE FIELD OF JUSTICE AND HOME AFFAIRS

 23. The new provisions of the Amsterdam Treaty as well as its Protocol integrating the Schengen
 acquis into the framework of the European Union, with their emphatically cross-pillar characteristic, will
 need to be reflected also in the working structures of the Council. It was clearly not the intention of
 the Treaty to compartmentalise the way in which the different components of this area of freedom,
 security and justice are handled as between the structures of the European Community on the one
 hand and the European Union on the other, particularly since in both cases the responsibility for taking
 the objective forward will fall irrespective whether they are 1st or 3rd pillar competence, to the Council
 in its composition of Ministers of Justice and Home Affairs. It will therefore be essential to establish
 before the entry into force of the treaty of Amsterdam for this purpose appropriate arrangements
 which both respect the provisions of the Treaty and facilitate the coordinating role of the Committee of
 Permanent Representatives.

 It will also be important to establish the appropriate arrangement to cover the particular case of the
 Schengen Information System in order to ensure smooth transition, with no reduction in the system's
 efficiency. A discussion could, also, be started in the medium term on the prospects for developing SIS
 II after it has been expanded.

 Work on the necessary structural arrangements, including reflexions on the need for further
 coordination in the fields of migration and asylum as well as in the area of civil law by Committees
 composed of high officials is already under way within the K4 Committee acting on the basis of art. K4
 par.1. of the TEU.

 This reform of the working structures should be based on the following principles: rationalisation and
 simplification (an appropriate number of working Parties to meet the objectives laid down in the
 Treaty, no duplication), specialisation and responsibility (Working Parties to consist of experts having
 an adequate degree of responsibility in their Member States, appropriate allowance for operational
 structures - Europol, European judicial network), continuity (permanence of Working Parties to reflect
 the permanent objectives of the Treaty, mechanism for following-up all the instruments adopted),
 transparency (clarity of terms of reference and of relations between Working Parties) and flexibility
 (possibility of extremely short-term adjustment of structures to deal with new problems requiring
 urgent specific handling).

 The entry into force of the Treaty of Amsterdam also raises a number of legal questions resulting from
 the transition of certain policies from the third pillar to the first pillar as well as from the transition to
 new forms of acts and procedures in the third pillar. This concerns, for example, the question of how to
 handle conventions in the field to be transferred to Community competence which will be signed but
 not yet ratified at the time of entry into force of the Treaty of Amsterdam.

 PART II - PRIORITIES AND MEASURES

 A. Selection criteria for priorities

 24. A number of principles have determined the way in which the Council and the Commission have
 identified -and intend to implement- the measures listed in this Part:

 (i) The Amsterdam Treaty itself has set out some clear guidance on the measures to which priority
 importance must be attached, particularly during the first five years after its entry into force. The Action
 Plan must respect this guidance;

 (ii) The principle of subsidiarity, which applies to all aspects of the Union's action, is of particular
 relevance to the creation of an area of freedom, security and justice.

 (iii) The principle of solidarity among Member States and between them and the European institutions,
 should apply in facing the transnational challenges presented by organised crime and migration
 movements;

 (iv) Operational efficiency in implementing the legal framework established by the Treaty is no less
 important than the legislative framework itself. Measures taken shall meet factual needs and add
 value In this context, working methods which have proved already their worth, for example in the
 Schengen context, should find their place in the Union's Action Plan.

 (v) Responsibility for safeguarding of internal security rests with Member States. It is therefore
 important, when developing European cooperation, to take into account national interests and
 common approaches as well as differences.

 (vi) A realistic approach requires, when selecting priorities, the resources and time available to be
 taken into account.

 25. According to art. 2 of the TEU, the Union shall set itself the objective to maintain and develop an
 area of freedom, security and justice in which the free movement of persons is assured in conjunction
 with appropriate measures with respect to external borders, asylum, immigration and the prevention
 and combatting of crime. The mutual interdependence between the different aspects of this overall
 objective is confirmed by art. 61, a) which mentions art. 31 (e) of the TEU. It is therefore in the interest
 of as high level as possible of security for the public that some activities in one area be meshed in
 timing and substance with those in the other.

 26. Integration of the Schengen acquis into the framework of the European Union will have as a
 consequence that as from the date of entry into force of the Treaty of Amsterdam the objectives of the
 Community as set out in the entire Article 62 TEC and to a large extent in Article 63(3)(b) of the TEC in
 their versions of the Treaty of Amsterdam will largely have been realized in respect of 10 Member
 States, and in respect of 13 Member States as from the date of the decision of the Council referred to
 in Article 2(2) of the Schengen Protocol. This is to say that much of the substantive work will have
 been done far in advance of the 5 years time limit set by the Articles concerned. It would permit the
 Council to concentrate initially particularly on other objectives of the Community and the Union in the
 field of Justice and Home Affairs for the realization of which a maximum time limit of 5 years has been
 determined (Article 63(1)) and (2)(a) TEC and Article 30(2) TEU, for example and to deal with matters
 which would require urgent handling or which become politically important.

 In order to put the priorities listed in those Articles into practice, efforts will have to be made to adopt
 measures detailed in the following sections.

 27. In the context of the Treaty requirements, account should also be taken of the position of the
 United Kingdom and Ireland under the Protocols to the Amsterdam Treaty and, in setting priorities, of
 existing plans and the need to continue taking forward present medium-term work programmes.

 28. In establishing substantive and political priorities, first consideration has had to be given in
 particular to those projects on which work is already in hand at present or for which work is likely still
 to be in progress at the time of entry into force of the Amsterdam Treaty. It has basically been
 attempted here, in fully adjusting to the new environment, to ensure maximum continuity.

 29. In legislative work, account has also had to be taken of the existing third-pillar "acquis"); making it
 necessary to decide which, if any, of the present provisions should be replaced by more effective ones.
 Those classifiable as "soft law" formed the prime candidates for this purpose.

 30. The entry into force of the Treaty of Amsterdam is likely to have the effect of increasing the
 case-load of the European Court of Justice, whereas an Area of freedom, security and justice precisely
 requires judicial proceedings to be as expedient as possible. It is therefore in the interest of both the
 Member States and the individuals concerned that priority be given to examining jointly with the Court
 all possible means to shorten the average length of procedures before the Court, in particular of
 requests for preliminary rulings under Title VI TEU and Title IV TEC.

 31. The levels of priority set out below become effective, logically, upon entry into force of the
 Amsterdam Treaty. The priority measures are to be found in two categories. On the one hand, the
 actions and measures for which it is important that they are implemented or adopted within two years
 from the entry into force of the Treaty of Amsterdam (hereinafter referred to as "measures to be taken
 within 2 years"), and on the other hand the actions and measures which must be adopted or
 implemented within 5 years following the entry into force of the Treaty or, at least, to commence
 elaboration of the actions and measures in the area (hereinafter referred to as "measures to be taken
 within 5 years"). However, a start may have to be made on many activities in the first level of priority
 without delay upon adoption of this action plan as they require preparatory work, e.g. in technical
 working parties, which should if possible have been completed by the date of the entry into force.
 Such particularly urgent measures are specifically indicated below.

 B. Policies related to free movement of persons

 I. Measures in the field of asylum, external borders and immigration

 32. The objective is to introduce the area of freedom within the next five years. As a result, to ensure
 increased security for all European citizens, achieving this objective requires accompanying measures
 to be drawn up, particularly in the areas of external border controls and the combating of illegal
 immigration while full account is taken of the principles set out in Article 6 of the TEU and Articles 12
 and 13 of the TEC. The HCR will be consulted on asylum issues when necessary.

 33. The measures to be drawn up must take due account of the fact that the areas of asylum and
 immigration are separate and require separate approaches and solutions.

 34. An overall migration strategy should be established in which a system of European solidarity
 should figure prominently. The experiences gained and progress achieved through cooperation in the
 Schengen framework should prove particularly pertinent as regards short term residence (up to three
 months), the fight against illegal immigration as well as the controls at external borders.

 An overall priority should be to improve the exchange of statistics and information on asylum and
 immigration. This exchange should include statistics on asylum and immigration, information on the
 status of third country nationals and national legislation and policy on the basis of the Commission's
 Action Plan.

 35. In order to complete the area of free movement, it is crucial for there to be a swift and
 comprehensive extension of the principles of the free movement of persons in accordance with the
 Protocol integrating the Schengen acquis into the framework of the EU.

 Measures to be taken within two years

 36. The following measures should be taken within two years after the entry into force of the Treaty :

 a) Measures in the fields of asylum and immigration

 Assessment of countries of origin in order to formulate a country specific integrated approach.

 b) Measures in the field of asylum

 i) Effectiveness of the Dublin Convention: continued examination of the criteria and conditions for
 improving the implementation of the Convention and of the possible transformation of the legal basis
 to the system of Amsterdam (Article 63(1)(a) TEC).

 A study should be undertaken to see to what extent the mechanism should be supplemented inter alia by
 provisions enabling the responsibility for dealing with the members of the same family to be conferred upon
 one Member State where the application of the responsibility criteria would involve a number of States and
 by provisions whereby the question of protection when a refugee changes his country of residence can be
 resolved satisfactorily.

 ii) The implementation of Eurodac

 iii) Adoption of minimum standards on procedures in Member States for granting or withdrawing
 refugee status (Article 63(1) (d) TEC) with a view, inter alia, to reducing the duration of asylum
 procedures. In this context, a special attention shall be paid to the situation of children.

 iv) Limit "secondary movements" by asylum seekers between Member States.

 v) Defining minimum standards on the reception of asylum seekers with a particular attention to the
 situation of children (Article 63(1) (b) TEC).

 vi) Undertake a study with a view to establishing the merits of a single European asylum procedure.

 c) Measures in the field of immigration

 i) Instrument on the lawful status of legal immigrants.

 ii) Establish a coherent EU policy on readmission and return.

 iii) Combat illegal immigration (Article 63(3)(b) TEC) through, inter alia, information campaigns in transit
 countries and in the countries of origin.

 In line with the priority to be given to controlling migration flows, practical proposals for combating illegal
 immigration more effectively need to be brought forward swiftly.

 d) Measures in the fields of external borders and free movement of persons :

 i) Procedure and conditions for issuing visas by Member States (resources, guarantees of repatriation
 or accident and health cover) as well as the drawing up of a list of countries whose nationals are
 subject to an airport transit visa requirement (abolition of the current grey list).

 ii) Define the rules on a uniform visa (Article 62 (iv) TEC)

 iii) Draw up a Regulation on countries:

 - whose nationals are exempt from any visa requirement in the Member States of the European Union;

 - whose nationals are subject to a visa requirement in the Member States of the European Union
 (Article 62(2)(b)(i) TEC).

 iv) Further harmonising Member States' laws on carriers' liability.

 Measures to be taken as quickly as possible in accordance with the provisions of the Treaty of
 Amsterdam:

 37. a) Minimum standards for giving temporary protection to displaced persons from third countries
 who cannot return to their country of origin (Article 63(2)(a) TEC).

 b) Promoting a balance of effort between Member States in receiving and bearing the consequences of
 receiving displaced persons (Article 63(2)(b) TEC).

 Measures to be taken within five years

 38. The following measures should be taken within five years after the entry into force of the Treaty :

 a) Measures in the fields of asylum and immigration

 Identification and implementation of the measures listed in the European migration strategy

 b) Measures in the field of asylum

 i) Adoption of minimum standards with respect to the qualification of nationals of third countries as
 refugees

 ii) Defining minimum standards for subsidiary protection to persons in need of international protection
 (Article 63(2) (a) second part).

 c) Measures in the field of immigration

 i) Improvement of the possibilities for the removal of persons who have been refused the right to stay
 through improved EU co-ordination implementation of readmission clauses and development of
 European official (Embassy) reports on the situation in countries in origin.

 ii) Preparation of rules on the conditions of entry and residence, and standards on procedures for the
 issue by Member States of long-term visas and residence permits, including those for the purposes of
 family reunion (Article 63(3)(a) TEC).

 The question of giving third-country nationals holding residence permits the freedom to settle in any
 Member State of the Union will shortly be discussed by the relevant working party.

 iii) Determination of the rights and conditions under which nationals of third countries who are legally
 resident in a Member State may reside in other Member States (Article 63(4) TEC).

 Within the competent Council bodies discussions could be held, taking account of the consequences for
 social equilibrium and the labour market, on the conditions under which, like Community nationals and their
 families, third country nationals could be allowed to settle and work in any Member State of the Union.

 In these two last fields, although the Amsterdam Treaty does not request action to be accomplished in
 a five year period, efforts should be made towards an improvement of the situation in due time.

 d) Measures in the fields of external borders and free movement of persons :

 i) Extension of the Schengen representation mechanisms with regard to visas:

 A discussion could be initiated on the possibility of establishing an arrangement between the Member
 States, which will improve the possibility of preventing visa applicants from abusing the foreign
 representations of one or more Member States in order to gain access to another Member State,
 which at the time of application was the actual intended country of destinations.

 ii) Attention will be given to new technical developments in order to ensure -as appropriate- an even
 better security of the uniform format for visas (sticker).

 II. Judicial cooperation in civil matters

 39. The aim is to make life simpler for European citizens by improving and simplifying the rules and
 procedures on cooperation and communication between authorities and on enforcing decisions, by
 promoting the compatibility of conflict of law rules and rules on jurisdiction and by eliminating obstacles
 to the good functioning of civil proceedings in a European judicial area. It will be necessary to improve
 the coordination of Europe's courts and the awareness of Member States' laws, particularly in cases
 with important human dimensions, having an impact on the every-day life of the citizens.

 Measures to be taken within two years

 40. The following measures should be taken within two years after the entry into force of the Treaty:

 a) Finalisation, if it has not been completed, of work on the revision of the Brussels and Lugano
 Conventions

 b) Drawing up a legal instrument on the law applicable to non-contractual obligations (Rome II)

 c) Begin revision, where necessary, of certain provisions of the Convention on the Law applicable to
 Contractual Obligations, taking into account special provisions on conflict of law rules in other
 Community instruments (Rome I)

 d) Examine the possibility of extending the concept of the European judicial network in criminal matters
 to embrace civil proceedings.

 Highly individualized contact points in each Member State could permit greater awareness of Member
 States' laws and ensure better coordination of proceedings in cases with important human dimensions
 (cross-border parental disputes, for example).

 Measures to be taken within five years

 41. The following measures should be taken within five years after the entry into force of the Treaty:

 a) Examine the possibilities to draw up a legal instrument on the law applicable to divorce (Rome III):

 After the first step on divorce matters taken with Brussels II in the field of jurisdiction and the recognition
 and enforcement of judgments, the possibilities to agree on rules determining the law applicable in order to
 prevent forum shopping needs to be explored on the basis of an in-depth study.

 b) Examine the possibility of drawing up models for non-judicial solutions to disputes with particular
 reference to transnational family conflicts. In this context, the possibility of mediation as a means of
 solving family conflicts should be examined.

 c) Examine the possibility of drawing up a legal instruments on international jurisdiction, applicable
 law, recognition and enforcement of judgments relating to matrimonial property regimes and those
 relating to succession.

 In elaborating such instruments, the connection between matrimonial property and rules relating to
 succession should be taken into account. Work already undertaken within the framework of the Hague
 Conference of Private International Law should be taken into account.

 d) Identifying the rules on civil procedure having cross-border implications which are urgent to
 approximate for the purpose of facilitating access to justice for the citizens of Europe and examine the
 elaboration of additional measures accordingly to improve compatibility of civil procedures.

 This could include the examination of the rules on deposition of security for litigation costs and expenses of
 the defendant in a civil procedure, the granting of legal aid as well as other possible obstacles of an
 economic nature.

 e) Improving and simplifying cooperation between courts in the taking of evidence.

 f) Examine the possibility of approximating certain areas of civil law, such as creating uniform private
 international law applicable to the acquisition in good faith of corporal movables.

 C. Police and judicial cooperation in criminal matters

 42. The aim is to give citizens a high level of protection as provided for in the Treaty of Amsterdam and
 to promote the rule of law. This implies greater cooperation between the authorities responsible for
 applying the law with due regard for legal certainty. It also implies giving practical form to a judicial
 area in which judicial authorities cooperate more effectively, more quickly and more flexibly. Encourage
 an integrated approach, through close co-operation, of judicial, police and other relevant authorities in
 preventing and combating crime, organised or otherwise.

 Measures to be taken within two years

 I. Police cooperation

 43. The following measures should be taken within two years after the entry into force of the Treaty:

 1. As regards Europol cooperation:

 a) Improve Europol cooperation in the following areas:

 i) Examine the feasibility of setting up a database of pending investigations, within the framework of
 the provisions of the Europol Convention, allowing to avoid any overlap between investigations and to
 involve several European competent authorities in the same investigation, thus combining their
 knowledge and expertise.

 ii) direct Europol's documentary work towards operational activity.

 Wherever possible, its analyses should lead to operational conclusions.

 iii) Make the fight against illegal immigration networks one of the priorities of operational cooperation,
 particularly by using the national units as a network of national contact points responsible for dealing
 with them.

 iv) Combat terrorism: reinforce exchanges of information and the coordination of competent authorities
 of Member States in the fight against crimes committed or likely to be committed in the course of
 terrorist activities, using Europol in particular.

 v) Extend the competencies of Europol to other activities, as necessary (e.g. falsification of Euro and
 other means of payments).

 b) Draw up an adequate legal instrument extending Europol's powers to the activities referred to in
 Article 30(2) TEU and focusing Europol's work on operational cooperation. An important subject is the
 place and the role of judicial authorities in their relations with Europol.

 One of the priorities stated by the Treaty is to determine the nature and scope of the operational powers of
 Europol, which will have to be able to "ask the competent authorities of the Member States to conduct and
 coordinate [their] investigations" and also to act within the framework of "operational actions of joint
 teams".

 c) Examine Europol access to SIS or EIS investigation data.

 d) Develop the role for Europol concerning the exchange of information in order to implement the
 Pre-Accession Pact on organised crime.

 (b) other police cooperation measures

 44. The other police and customs cooperation measures comprise :

 a) The common evaluation of particular investigative techniques in relation to the detection of serious
 forms of organised crime (Article 30(1)(d) TEU).

 b) Consideration of the arrangements under which a law enforcement service from one Member State
 could operate in the territory of another (Article 32 TEU) taking into consideration the Schengen
 acquis.

 Consideration should be given to two points in particular:

 - the determination of the conditions and limitations under which the competent law enforcement
 authorities of one Member State may operate in the territory of another Member State, in liaison and in
 agreement with the latter.

 - in return, what types of operation - and under what arrangements - is each Member State willing to
 accept in its own territory?

 The creation of a collective framework for this type of operation is one of the priorities of police cooperation.
 This framework can be a flexible one.

 c) The development and expansion of operational cooperation between law enforcement services in
 the Union and the strengthening of technical police cooperation.

 The joint action carried out in particular by the Member States' customs administrations should be used
 where appropriate as a model and should be expanded in cooperation with national police forces and
 gendarmeries and in close conjunction with the judicial authorities. In the medium term, Europol could
 serve as a back-up for these future initiatives, which it will be possible to activate under what the
 Amsterdam Treaty has established as "decisions for any other purpose consistent with" the objectives of
 Title VI of the TEU.

 d) The development of the annual report on organized crime with a view to defining common
 strategies.

 Harmonisation of the analysis parameters will have to be ensured so that the data collected can be
 compared.

 e) In the field of customs law enforcement co-operation, the implementation of the CIS and Naples II
 Conventions.

 Europol's powers must be taken into account when points (a) to (e) are implemented.

 II. Judicial cooperation in criminal matters

 45. The following measures should be taken within two years after the entry into force of the Treaty:

 a) Implement effectively and, where appropriate, further develop the European judicial network

 The effective implementation of the European judicial network is a priority matter. It will bring about a
 practical improvement in cooperation and needs to be equipped with modern tools to enable efficient
 cooperation. Consideration ought to be given now to making it more operational.

 b) Finalise the Convention on Mutual Assistance in Criminal Matters as well as an additional Protocol to
 the Convention and implement them as soon as possible.

 The possibility should be examined to foresee the simplification of the procedures and the limitation of
 ground for refusal of assistance.

 c) Facilitate extradition between Member States by ensuring that the two existing conventions on
 extradition adopted under the TEU are effectively implemented in law and in practice.

 d) Strengthen and develop fight against money laundering.

 e) Facilitate and accelerate cross-border cooperation between the competent ministries and judicial or
 equivalent authorities of the Member States.

 f) Initiate a process with a view to facilitating mutual recognition of decisions and enforcement of
 judgments in criminal matters.

 g) Examine the role and the place of the judicial authorities in the framework of a further development
 of Europol in accordance with the Amsterdam Treaty, with a view to improving the efficiency of the
 institution.

 h) Consideration of the arrangements under which judicial or equivalent authorities from one Member
 State may operate in the territory of another Member State (Article 32 TEU).

 Consideration should be given to two points in particular:

 - the determination of the conditions and limitations under which the competent judicial and/or
 prosecutorial authorities of one Member State may operate in the territory of another Member State, in
 liaison and in agreement with the latter.

 - in return, what types of operation - and under what arrangements - is each Member State willing to
 accept in its own territory?

 The creation of a collective framework for this type of operation is one of the priorities of judicial cooperation.
 This framework could be a flexible one.

 III. Approximate the Member States' rules on criminal matters

 46. The following measures should be taken within two years of the entry into force of the Treaty:

 a) Identify the behaviour in the field of organized crime, terrorism and drug trafficking, for which it is
 urgent and necessary to adopt measures establishing minimum rules relating to the constituent
 elements and to penalties and, if necessary, elaborate measures accordingly.

 Prime candidates for this examination could include, insofar as they relate to organized crime, terrorism and
 drug trafficking, offenses such as trafficking in human beings and sexual exploitation of children, offenses
 against drug trafficking law, corruption, computer fraud, offenses committed by terrorists, offenses
 committed against the environment, offenses committed by means of the Internet and money laundering
 in connection with those forms of crime. Parallel work in international organisations like the Council of
 Europe have to be taken into consideration.

 b) Examine the possibility to approximate, where necessary, national legislation on counterfeiting
 (protection of the Euro), fraud and counterfeiting involving means of payment other than currency.

 IV. Horizontal problems

 47. The following measures should be taken within two years of the entry into force of the Treaty:

 a) Examine the possibilities for harmonised rules on data protection.

 b) Finalise, if it has not been completed, evaluate the implementation and consider a follow up to the
 Plan of Action on Organised Crime, approved by the European Council at Amsterdam.

 c) Continue the process of mutual evaluation under the Joint Action adopted by the Council on 5
 December 1997.

 d) Continue and develop the work started under the action plan on organised crime on the question of
 safe havens and fiscal paradises.

 Measures to be taken within five years

 I. Police cooperation

 48. The following measures should be taken within five years after the entry into force of the Treaty:

 (a) as regards cooperation within the framework of Europol:

 i) Promote liaison arrangements between prosecuting/investigating officials specialising in the fight
 against organised crime in close cooperation with Europol (Article 30(2)(c), TEU).

 ii) Establish a research and documentation network on cross-border crime (Article 30(2)(d), TEU).

 iii) Improve the statistics on cross-border crime (Article 30(2)(d), TEU).

 iv) Set up a system for the exchange of information and analysis on money laundering.

 v) Examine whether and how Europol could have access to the Customs Information System.

 vi) In cooperation with Europol, elaborate and implement an information strategy in order to make the
 work and powers of Europol known to the public

 vii) Study the possibility of setting up a system of exchanging fingerprints electronically between
 Member States

 (b) other police cooperation measures

 i) Encourage general policy and operational cooperation between the competent authorities, including
 the police, customs and other specialised law enforcement services and the judicial authorities of the
 Member States in relation to the prevention, detection and investigation of criminal offenses (Article
 30(1)(a), TEU).

 In this context it would be useful to develop and enhance existing bilateral and regional cross-border
 cooperation, for instance by continuing and extending on a similar basis the experiments with joint police
 stations.

 It would also be desirable to continue the development of customs risk analysis techniques and the
 improvement of customs control methods such as the implementation of the container control action
 plan et de réfléchir sur les nouveaux vecteurs de fraude, dont Internet.

 ii) Organise the collection, storage, processing, analysis and exchange of relevant information,
 including information held by law enforcement services on reports on suspicious financial transactions,
 in particular through Europol, subject to appropriate provisions on the protection of personal data
 (Article 30(1)(b), TEU).

 iii) Promote cooperation and joint initiatives in training, the exchange of liaison officers, secondment,
 the use of equipment, and forensic research (Article 30(1)(c), TEU).

 II. Judicial cooperation in criminal matters

 49. The following measures should be taken within five years of the entry into force of the Treaty:

 a) Consider whether substantive and formal improvements can still be made to extradition procedures
 including rules to reduce delays.

 The issue of extradition in relation to procedures in absentia, with the full respect of fundamental
 rights granted by the European convention of Human rights, might also be examined in this context.

 b) Further facilitate cross-border cooperation between ministries and judicial authorities in the field of
 criminal proceedings.

 c) Examine the feasibility of improved cross-border cooperation on the transfer of proceedings and the
 enforcement of sentences.

 d) Study the feasibility of extending and possibly formalising the exchange of information on criminal
 records.

 e) Prevent conflicts of jurisdiction between Member States, by, for instance, examine the possibility of
 registering whether there are proceedings against the same persons on the same offenses pending in
 different Member States.

 Establish measures for the coordination of criminal investigations and prosecutions in progress in the
 Member States with the aim of preventing duplication and contradictory rulings, taking account of better
 use of the ne bis in idem principle.

 III. Approximation of the rules on criminal matters

 50. The following measures should be taken within five years of the entry into force of the Treaty:

 a) Ensure compatibility of the rules applicable between Member States insofar as necessary to improve
 judicial cooperation. A reflection should also be started on possibilities for avoiding that abuse of
 judicial remedies can affect or delay co-operation.

 Efficient procedural standards should be sought that will improve mutual assistance in criminal matters
 while complying with the requirements of fundamental freedoms. Consideration should be begun in the field
 of telecommunication interception and also on civil actions relating to criminal offenses. In that connection,
 compensation for the victims of crime must be an avenue not to be neglected.

 b) Improve and approximate, where necessary, national provisions governing seizures and
 confiscation of the proceeds from crime, taking account of the rights of third parties in bona fide.

 c) Continued elaboration of measures establishing minimum rules relating to the constituent elements
 of behaviour and to penalties in all fields of organized crime, terrorism and drug trafficking.

 IV. Horizontal problems

 51. The following measures should be taken within five years of the entry into force of the Treaty:

 a) Identify which specific forms of crime which can be best combatted by a general EU approach, such
 as computer crime, in particular child pornography on the Internet, racism and xenophobia, drugs
 trafficking and the approximation of offenses in that area, taking into account work in other
 international organisations.

 b) Develop cooperation and concerted measures on matters relating to crime prevention.

 c) Address the question of victim support by making a comparative survey of victim compensation
 schemes and assess the feasibility of taking action within the Union.

 d) Effectively implement the Pre-Accession Pact on Organized Crime
 
 
 
 
 
 
 

FONTE : http://ue.eu.int/ejn/indexfr.htm