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The JHA agenda
Legislative observatory
Key Texts
February 2012
Part of the JHA archive.
Week starting 20/02/2012
- 10394/00 - Initiative
of the Portuguese Republic, the French Republic, the Kingdom of Sweden
and the Kingdom of Belgium with a view to the adoption of a Council
Decision setting up EUROJUST with a view to reinforcing the fight
against serious organised crime
- Council Decision setting up a European Agency, EUROJUST, "to
reinforce the fight against serious organised crime", which was
identified as a central political matter following Tampere Council in
1999
- 13857/00 - Council Decision establishing the European Police College (EPC)
- The Tampere Council laid the basis for more police cooperation
between member states. The establishment of a network of training
institutes for police officers aims to harmonise practices and standards
among police forces in the European Union
- 13392/99 - Results
of the questionnaire on the amount and quality of training and
assistance provided and to be provided for third countries in third
pillar matters (customs) under Member States' own funding
- An interesting document picturing the practical aspects of EU's
cooperation with third countries aiming at externalising its border
management policy to its neighbours and strategic partners
- 5260/00 - Customs Information System under the third pillar - Use of personal data
- Concerns and suggestions submitted by the German delegation
regarding the collection of personal data in the context of the Customs
Information. The need to avoid semantic confusion when translating
different concepts in another EU language (here German) is also
emphasised. This note is an example of some of the challenges faced by
the EU regarding the harmonisation and the understanding in different
languages of practices and legal concepts
- 5730/00 - Responsibility for stowaways
- Note from the Portuguere Presidency aiming at addressing the new
phenomemon of irregular arrivals of immigrants by sea. The Presidency
here attempted to harmonise "border procedure for dealing with this
situation" (responsibility of member states, disembarkation, safety
measures at ports). The concept of "stowaway" is given a definition
- 6269/00 -
Conclusions of the International Seminar on The use of undercover
agents in combating organised crime, held in Madrid from 25 to 29
October 1999
- The official development, at a European and international level, of
police cooperation into the use of undercover agents in other EU member
states and beyond to tackle "transnational organised crime". This
practice was already regulated in 66% of EU member states at the time.
The Spanish delegation proposes cooperation between EU member states,
the US, Canada, candidates to the EU, Switzerland,Europol and Interpol
- 9928/00 - CIREFI work programme
- Following the significant development of CIREFI (EUROSTAT in charge
of collecting data; cooperation with EUROPOL; creation of an
early-warning system), the incoming French presidency is suggesting
further amendments. The goal is allow for "real-time information and
reaction to immigration risks at external borders" of the EU.
Cooperation with third countries, including applicant countries, the US
and Canada, is envisaged to this end.
- 10545/00 - Initiative
of the French Republic with a view to the adoption of a Council
Directive on mutual recognition of decisions on the expulsion of third
country nationals
- At the initiative of the French Republic, the first draft of a
common policy and set of practices when carrying out expulsion of third
country nationals is proposed. According to this document, the
possession of a residence permit will not prevent the expulsion if the
third country national has been sentenced to a non-suspended penalty of
at least one year. This Council resolution the "Returns Directive" lays
the ground for the futire "Returns Directive"
- 10957/00 - Participation of Europol officials in joint investigative teams
- As the activities of EUROPOL soon extented the scope of its mandate
and " the support activities of Europol go beyond the rules and
procedures of the Europol Convention". This document reflects on the
suggestion of the Council's Legal Services to amend the convention so as
to allow Europol members to exchange information with members of the
investigative joint teams, in the framework of the Convention on Mutual
Assistance in Criminal Matters
- 12370/00 - Open EU threat assessment documents
- The Netherlands delegation calls for more transparency of the EU
with respect to anti-terrorism policy: "The EU and the individual member
states are involved in lots of international forums, where
international terrorism and the combat against it are discussed (…) It
is important too the EU, also as a
consequence of these statements, is more open about the real content of the terrorist threat and what
is
specifically done against it (...) The public, national parliaments and
the European parliament therefore need balanced and evaluated
information on terrorism.
The EU should do more to fulfill this need for more information and transparency"
- COM(2000) 495 - Mutual Recognition of Final Decisions in Criminal Matters
- This documents details the scope of what is meant by "mutual
recognition" in criminal matters and gives a specific picture of
judicial cooperation among member states and its various challenges.
- MB Sec. 56r1.2000 - Draft Council Act authorising the start of negotiations including the transmission of personal data by Europol to Interpol
- Draft Council Act of significant importance submitted by Europol
Management Board whereby "The Council considers that (...) no obstacles
exist to the start of the negotiations between Europal and Interpol on a
co-operation agreement which includes provisions
- 4764/4/95 - Proposal
for join action on harmonising the means to fight against irregular
immigration and illegal employment and to improve control in this
respect
- Proposal for joint action by the French delegation to tackle
irregular migration and employment. The proposal especially includes
(Article 9) the possiblity for each member state to establish a national
database on foreigners delivered visas. This lays the ground for the
creation of a centralised system between EU members, the Visa
Information System, established in 2008
- 10429/1/00 - Customs Cooperation Handbook
- Despite the lifting of internal border controls since the entry into
force of the Schengen agreements, this documents details the power
still at hands of customs officials (including controls on persons,
preliminary investigative powers, assistance to judicial authorities)and
the details of cross-border surveillance and cooperation at play.
- 5555/01 - Possible amendments to the Europol Convention and possible extensions of Europol's competence
- The Presidency discusses the possibility to extend Europol's madate
so that it covers cybercrime, money laundering, fraud and environmental
crime, and Europol officers can participate in joint investigation
teams. The Presidency considers thath the Convention may have to be
amended "as soon as it becomes clear that the cooperation between
Europol and Eurojust can not be adequately based on the present Europol
Convention"
Go back to the JHA archive search page.
Week starting 13/02/2012
- 10116/98 - Common principles for the rule of law in criminal matters
- "The
Presidency will attempt to sum up with regard to criminal matters the
fundamental principles resulting from this common tradition of the rule
of law. It is hoped that this will provide the applicant countries with
an outline of the beliefs common to all the Member States about the rule
of law in criminal matters as an element in the process of enlargement"
- 10787/98 - Communication from the Commission: Towards an area of Freedom, Security and Justice
- "The three notions of freedom, security and justice are
closely interlinked. Freedom loses much of its meaning if it cannot be
enjoyed in secure environment and with the full backing of a system of
justice in which all Union citizens and residents can have confidence...
Maintaining the right balance between them must be the guiding thread
for Union action"
- 12028/2/98 REV 2 - Action plan on establishing an area of freedom, security and justice
- A draft action plan outlining proposals to establish the AFSJ as
foreseen in the Amsterdam Treaty - police and judicial cooperation,
approximation of rules in criminal matters, harmonising asylum and
immigration policy, etc.
- 5334/99 - Amsterdam Treaty: the EU's working structures
- Outlines the changes to be made to working structures and methods
following the entry into force of the Amsterdam Treaty, and the
subsequent 'communitarisation' of various aspects of policy-making
- 6180/98 - Influx of migrants from Iraq and the neighbouring region: progress on implementation of the Action Plan
- A detailed overview of the work undertaken within different working
groups to implement the Action Plan on the influx of migrants from Iraq
and neighbouring regions. There is a heavy emphasis on controls and
expulsion, with significant attention given to Eurodac and the
fingerprinting of migrants.
- 7041/99 - Project concerning the longer-term deployment of document advisors of the EU Member States to Istanbul Airport
- A not insignificant step in the development and externalisation of
EU border control policy - the deployment of document advisors at
foreign airports, in this case Istanbul. Istanbul was selected by CIREFI
for a pilot project intended to last four months.
- Schengen Supervisory Authority - Annual report March 1997-March 1998
- An important report giving an insight into the first years of the
development of the Schengen Information System (SIS) and its monitoring
body, the Joint Supervisory Authority (JSA). Contains background
information on the functioning of JSA and SIS as well as referring
authorities in participating states.
- SCH/Com-ex (98) 37 rev.5 (document in German)- Decision
of the Executive Committee (reinforcement of border controls in the
context of increasing migration from the Kosovo and north Africa)
- A significant document exposing EU's reaction to the sudden arrival
of many people escaping Kosovo and north Africa (especially Algeria).
While ackowneldging the duty to welcome and protect those fleeing unrest
and in need of international protection, the document reflects deep
suspicion against those immigrants. Measures mainly focus on countering
irregular migration or any abuse of the asylum system, through
reinforced border controls and the support to countries of transit in
ensuring "public order" in the Schengen area
- DECISION
OF THE EXECUTIVE COMMITTEE of 16 September 1998 setting up a Standing
Committee on the evaluation and implementation of Schengen
- This document details the tasks of the Standing up Committee on the
Evaluation and Implementation of Schengen, and the criteria to evaluate
whether a candidate country abides by the Schengen rules and can be part
of the Schengen agreement
Go back to the JHA archive search page.
Week starting 06/02/2012
- 10607/96 - Joint customs surveillance operations: Revised procedures for future operations
- Outlines attempts to extend the power of the Council to direct customs surveillance operations
- 4484/96 - Stepping up the fight against organised crime
- Laments Europol's lack of operational power and proposes changes;
demands European legislation to cover new methods of investigation such
as surveillance and covert investigation
- B4-0069, 0100, 0117, 0131 and 0136/97 - Resolution of the European Parliament on racism, xenophobia and the extreme right
- Expresses concern over rising of the far right in Europe especially
in France and Germany; asks for the withdrawal of Debré law in France
and of new visa requirements imposed on minors from Turkish, Moroccan,
Tunisian and former Yugoslavia origin in Germany.
- A4-0014/97 - Resolution of the European Parliament on the functioning and future of Schengen
- The European Parliament expresses deep regrets that priority is
given to immigration control policies rather than on ensuring security
for all citizens when implementing Schengen and the SIS.
- B4-0192 and 0230/97 - Resolution of the European Parliament on illegal migrants
- Deplores the death of about 200 irregular migrants in the
Mediterranean, calls for investigation from the states involved
(territorial waters) and for CIREFI's work to be more transparent.
- A4-0060/97 - Resolution
of the European Parliament on the Council Act of 26th July 1995 drawing
up the Convention on the use of information technology for customs
purposes
- Expresses concern over the computerisation of CIREFI and CIREA and
regrets that the Presidency failed to consult the Parliament in
establishing the Convention which therefores violates the TEU; notes
that the Customs Information System does not meet European standards
regarding the protection of data subjects
- 12729/96 - Provisional
work programme of the Steering Group II (Police Coopereration and
Customs Cooperation Working Parties) for the period 1 January to 30 June
1997
- As suggested by the title, outlines the work programme for the first
six months of 1997 - demonstrates the wide-ranging nature of the
groups' remits, e.g. drugs, public order (football, demonstrations,
public events), and more. See also 12743/96 (Steering Group I, asylum and immigration) and 12342/96 (Steering Group III, judicial cooperation) for work programmes for the same time period
- A5-0057/2000 - European Parliament resolution on asylum-seekers and migrants - action plans for countries of origin or transit
- The Parliament expresses strong criticism of the way that EU
immigration and asylum policy is decided by member states with hardly
any consideration for the Parliament or the Commission; further
criticism of the lack of transparency of the High Level Group on Asylum
and Migration; criticises the imbalance between the emphasis laid on
punitive measures rather than integration
- 6711/97 - Report of the EDU Coordinator on activities in 1996
- "1996 was the third year of the existence of the Europol Drugs Unit
(EDU) and there were a number of very significant developments
politically… EDU is seen as a forerunner of future Europol and a
laboratory for future work of Europol"
- 6384/97 - US-EU Common Agenda for Counter-Terrorism Cooperation
- Deals with air and ground security, EU-US cooperation on a UN
Terrorist Bombing Convention, disseminating encryption technology, and
stricter domestic terrorism legislation - "The US proposes sharing its
anti-terrorism legislation with the EU and suggests that the EU
undertake a review of domestic terrorism legislation in the 15 member
states as a prelude to exchanging ideas on how we can improve our
respective legal framework"
Go back to the JHA archive search page.