28 March 2012
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Selected justice and home affairs issues from the:
SANTA MARIA DA FEIRA EUROPEAN COUNCIL 19 and 20 June 2000 [editing noted by ....]
"1.The European Council met in Santa Maria da Feira on 19 and 20 June. At the start of proceedings, the European Council and the President of the European Parliament, Mrs Nicole Fontaine, exchanged views on the main items under discussion. [....]
5.The Convention is urged to continue its work in accordance with the timetable laid down in the mandate from the Cologne European Council so that a draft document is presented in advance of the European Council in October 2000.[...]
C.Common European Security and Defence Policy
11.The European Council welcomes the setting-up and first meeting of the committee for civilian aspects of crisis management, as well as the identification of priority areas for targets in civilian aspects of crisis management and of specific targets for civilian police capabilities. In this respect Member States, cooperating voluntarily, have undertaken that by 2003 they will to be able to provide up to 5,000 police officers for international missions across the range of conflict prevention and crisis management operations. Member States have also undertaken to be able to identify and deploy up to 1,000 police officers within 30 days. The European Council also welcomes the willingness of the Commission to contribute to civilian crisis management within its spheres of action.[....]
E.Freedom, Security and Justice
51.The European Council reaffirms its commitment to forging an area of freedom, security and justice as defined at its Tampere meeting. Accordingly, it:
- endorses the EU Action Plan on Drugs as a crucial instrument for transposing the EU Drugs Strategy 2000 2004 into concrete actions which provide an effective integrated and multidisciplinary response to the drug problem. Member States, in cooperation with the European Monitoring Centre for Drugs and Drug Addiction are urged to enhance their efforts to provide reliable and comparable information on the key epidemiological indicators in order to better evaluate the impact of drug-related issues;
- approves the report on the European Union's external priorities in the field of justice and home affairs which must be incorporated in the Union's overall external strategy as a contribution towards the establishment of the area of freedom, security and justice. It requests that the report which will be submitted to it in December2001, in accordance with the Tampere conclusions, contain a chapter on the implementation of this external dimension;
- expresses its abhorrence against the tragic incidents of terrorism in Europe, extends its profound sympathy to the families of the victims and most firmly reiterates its commitment to continue the fight against terrorism at national and European levels. To this end, the European Council expresses its determination to take full advantage of the possibilities offered by the Treaties in order to enhance and intensify, in a spirit of solidarity, the cooperation among Member States in this field.
52. The European Council expressed its shock at the tragic deaths of 58 foreign nationals arriving in the UnitedKingdom. It condemned the criminal acts of those who profit from such traffic in human beings and committed the European Union to intensified cooperation to defeat such cross-border crime, which has caused so many other deaths across Europe. It called on the incoming French Presidency and the Commission to take forward urgently the Tampere conclusions in this area, in particular close cooperation between Member States and Europol in detecting and dismantling the criminal networks involved in this trafficking and by adopting severe sanctions against those involved in this serious and despicable crime.[....]
PRESIDENCY REPORT ON STRENGTHENING
THE COMMON EUROPEAN SECURITY AND DEFENCE POLICY [....]
III.CIVILIAN ASPECTS OF CRISIS MANAGEMENT
1.The Presidency has, together with the Secretary General/High Representative, responded as a matter of priority to the Helsinki European Council's invitation to carry work forward on all aspects of civilian crisis management, as defined in Annex 2 to AnnexIV to the Helsinki conclusions.
2. The aim of this work has been to enhance and better coordinate the Union's and the Members States' non-military crisis management response tools, with special emphasis on a rapid reaction capability. This will also improve the EU's contribution to crisis management operations led by international and regional organisations.
3.As a concrete result of this intensive work, the following measures have been taken:
(a) A Committee for civilian aspects of crisis management has been set up by a Council decision adopted on 22 May 2000. The Committee held its first meeting on 16June2000.
(b) A coordinating mechanism, fully interacting with the Commission services, has been set up at the Council Secretariat. Further developing the inventory of Member States and Union resources relevant for non-military crisis management, it has, as a first priority, established a database on civilian police capabilities in order to maintain and share information, to propose capabilities initiatives and to facilitate the definition of concrete targets for EU Member States collective non-military response. The coordinating mechanism has further developed its close cooperation with the interim Situation Centre/Crisis Cell established by the Secretary General/High Representative.
(c) A study (Appendix 3), drawing on experience from recent and current crises, on the expertise of the Member States and on the results of the seminar on civilian crisis management in Lisbon on 3-4 April 2000, has been carried out to define concrete targets in the area of civilian aspects of crisis management. This study identifies priorities on which the EU will focus its coordinated efforts in a first phase, without excluding the use of all the other tools available to the Union and to Member States.
(d) Concrete targets for civilian police capabilities have been identified and are set out in Appendix 4. In particular, Member States should, cooperating voluntarily, as a final objective by 2003 be able to provide up to 5000 police officers for international missions across the range of conflict prevention and crisis management operations and in response to the specific needs at the different stages of these operations. Within the target for overall EU capabilities, Member States undertake to be able to identify and deploy, within 30 days, up to 1000 police officers. Furthermore, work will be pursued to develop EU guidelines and references for international policing.
4.In addition to these measures, the Council has received and is examining the Commission's proposal for a Council Regulation creating a Rapid Reaction Facility to support EU activities as outlined in the Helsinki Report.[....]
STUDY ON CONCRETE TARGETS
ON CIVILIAN ASPECTS OF CRISIS MANAGEMENT
The European Council expressed its determination to increase and improve the effectiveness of the Union's capacity to respond to crises, including by actions in civilian areas. This increased effectiveness could be used both in response to request of a lead agency like the UN or the OSCE, or, where appropriate, in autonomous EU actions.
The Union should seek to enhance its capability in civilian aspects of crisis management in all relevant areas, with the objective of improving its potential for saving human lives in crisis situations, for maintaining basic public order, preventing further escalation, facilitating the return to a peaceful, stable and self-sustainable situation, for managing adverse effects on EU countries and for addressing relevant problems of coordination. Particular attention could be paid to those areas where the international community so far has demonstrated weaknesses. It would provide "added value" as it would improve the Union's capacity to react as well as the Union's capability to meet the requests of the other lead organisations: they would be able to count on a more systematic basis on a sizeable quantitative and qualitative contribution which could represent the nucleus of some of their missions. This would, in turn, increase the Union's visibility. The reinforcement of the Union's capabilities in civilian aspects of crisis management should, above all, provide it with adequate means to face complex political crises by:
- acting to prevent the eruption or escalation of conflicts;
- consolidating peace and internal stability in periods of transition;
- ensuring complementarity between the military and civilian aspects of crisis management covering the full range of Petersberg tasks.
It has been agreed that the identification of concrete targets should be premised on a pragmatic, bottom-up approach, focusing on operational requirements, and reflecting the political concerns of the European Council. The inventories which have been drawn up clearly show that Member States, the Union, or both have accumulated considerable experience or have considerable resources in a large number of areas, a number of which are resources already being used in development cooperation. Fully taking into account, and building upon, existing experiences, instruments and resources, the Union should as a matter of priority concentrate its efforts on the areas where a rapid reaction is most needed, and where the added value of an increased and coordinated effort by the Union and Member States is most evident. This process could be built outwards step-by-step to cover a wide range of limited as well as complex civil crisis management operations. However, the identification of priorities on which the EU will focus its coordinated efforts in a first phase does by no means exclude the use of all other tools available to the Union and to Member States.
The first priority area, identified in the light of the crises Europe has had to face in recent times and is still facing now, is police.
Concrete targets on police capabilities, to be reached by 2003, have been established by Member States, cooperating voluntarily within the framework of Article 12, fifth indent, of the TEU. These concrete targets are elaborated in detail in Appendix 4 to the Presidency report.
II.STRENGTHENING OF THE RULE OF LAW
Intensified work on police must necessarily be accompanied by work in other areas that are felt as necessary if a positive outcome of a police mission is to be ensured. The area most specifically concerned is assistance for the re-establishment of a judicial and penal system.
The following measures could be considered:
(i) Member States could establish national arrangements for selection of judges, prosecutors, penal experts and other relevant categories within the judicial and penal system, to deploy at short notice to peace support operations, and consider ways to train them appropriately;
(ii) the EU could aim at promoting guidelines for the selection and training of international judges and penal experts in liaison with the United Nations and regional organisations (particularly the Council of Europe and the OSCE);
(iii) the EU could consider ways of supporting the establishment/renovation of infrastructures of local courts and prisons as well as recruitment of local court personnel and prison officers in the context of peace support operations.
III.STRENGTHENING CIVILIAN ADMINISTRATION
Yet another area which it is necessary to enhance, in order to succeed in supporting societies in transition, is the area of civil administration:
(i) Member States could consider improving the selection, training and deployment of civil administration experts for duties in the re-establishment of collapsed administrative systems;
(ii) Member States could also consider taking on the training of local civil administration officials in societies in transition.
In addition to the priority areas mentioned before, Member States have identified civil protection, including search and rescue in disaster relief operations. It is necessary to draw a distinction between operations of civil protection within the framework of crisis management operations, and other types of disaster relief operations. The latter kind of operations have specific characteristics.
This being said, in crisis management operations within CFSP, it should also be possible to resort to EU Member States' tools and capabilities for civil protection. Even though specific coordination mechanisms already exist in the field of civil protection, it is felt that, in the light of experience gleaned in recent major natural disasters, improvement is needed and is possible.
Ideas aimed at ensuring a better organisation of the Union's reaction, such as a lead-nation concept as well as specialisation, have been put forward. Work currently under way within the Council and involving experts in the field will permit the definition of concrete targets also in this area. Such concrete targets could be defined in terms of human and material resources that each Member State could make available, type of mandate and status of the operation for participating countries as well as promotion of compatibility of equipment between Member States.
Improved coordination at EU level can lead to an increased effectiveness and synergy in the Union's reaction. Together with the definition of concrete targets by the European Council, this will ensure tangible improvements in the Union's contribution to crisis management operations.
D. Further Work on Concrete Targets after Feira
The Committee for Civilian Aspects of Crisis Management could work on the development and further elaboration of the concrete targets set out by Feira European Council as well as on areas going beyond the priority areas already identified. To this end, the Committee should be integrated with experts from the relevant national administrations, i.a. providing specialist advice on police, judicial and penal aspects, civilian administration, humanitarian assistance as well as the interface between crisis management and development cooperation.
Further work could also address the identification of national capabilities with a view to reaching collective targets, taking into account national areas of expertise/specialisation. It is noted that the Commission will submit shortly an operational inventory of actions already led by the Union as well as proposals in the civil protection area.
APPENDIX 4 CONCRETE TARGETS FOR POLICE
To develop police capabilities, Member States, cooperating voluntarily within the framework of Article 12, fifth indent, of the Treaty on European Union, have set themselves the following concrete targets, to be reached by 2003.
The targets are related but highlight different aspects of EU police capabilities. In this regard, the target for rapid deployment capability (2) is defined as lying within the target for overall EU capabilities (1).
1. OVERALL EU CAPABILITIES
Recognising the central role of police in international crisis management operations, and the increasing need for police officers for such operations, EU Member States undertake to strengthen their capability to provide police officers for international police operations to which they voluntarily decide to contribute. Member States' contributions will take account of their own particular arrangements for national policing and the type of police expertise which they can provide.
Strengthening their capabilities in phases, EU Member States should, as a final objective, be able to provide up to 5,000 police officers to international missions across the range of crisis prevention and crisis management operations and in response to the specific needs at the different stages of these operations. The current total deployment of EU Member States is approximately 3,300 persons.
This will require the pre-identification and training of a sufficiently large pool of police staff, covering all fields of police work required internationally and taking into account the comparative advantages as well as the specific constraints of Member States' police. It may also necessitate the reinforcement of mechanisms for rotation and sufficient financial and logistical resources.
Member States will share national experience with a view to producing specific recommendations on increasing the number of police officers available for international missions (looking inter alia at a greater use of retiring or recently retired officers and the freeing-up of police capability through greater involvement of experts from adjacent fields). In this respect, due consideration will be given to the possibility of putting a greater emphasis on the training of local police, as this can contribute to reduce the size and period of international police deployments.
The target on overall EU police capabilities may be extended to cover also international support to local justice and penal systems, the deficiency of which in some crises can have a significant impact on the credibility and effectiveness of an international police presence.
2. RAPID DEPLOYMENT CAPABILITY
The EU police deployment can either be in response to a request from an international lead organisation, in particular the United Nations or the OSCE, or can constitute an EU autonomous police operation, possibly as part of a larger EU-led crisis management operation, once the necessary EU planning and logistical framework has been defined.
Within the target for overall EU capabilities, Member States undertake to be able to identify and deploy, within 30 days, police able to implement operations and missions of police advice, training, monitoring as well as executive policing:
- in order to prevent or mitigate internal crises and conflicts (such as e.g. MINUGUA in Guatemala);
- in non-stabilised situations, such as e.g. immediate post-conflict situations, requiring robust forces able to restore law and order; (such as e.g. UNMIK/KFOR in Kosovo and UNTAET in East Timor);
- in support of local police, ensuring respect for basic human rights standards (such as e.g. WEU/MAPE in Albania, WEUPOL in Mostar and ONUSAL in El Salvador), and, where international police performs an executive role, allowing the rapid return of responsibility for law enforcement to local police (such as e.g. OSCE/KPSS in Kosovo).
Experience has shown that the most demanding of crisis management tasks may require the deployment of up to 1,000 EU Member State police within 30 days. For each of these generic target missions, further elaboration by proper Council instances will be needed.
Given the specific requirements on international police performing executive tasks in non-stabilised situations, and in particular during the transition from initial military command to subsequent civil command, special attention will be given to the proposal for the development of robust, rapidly deployable, flexible and interoperable European Union integrated police units, as well as to the possibility of a smaller number of Member States cooperating to build capabilities in this specific field.
In order to reach the deployment time target, Member States and the EU will further strengthen, as appropriate, the capacity to contribute with the required expertise to an advance team headed by the international lead organisation - as well as, in due course, deploy EU advance teams of experienced police experts in charge of assessing the risks of, defining, planning and establishing an EU-led police mission. In this context, the EU should be able to contribute with, and deploy, legal experts in order to prepare for support to local judicial and penal systems, as well as experts in engineering, logistical and administrative support. Member States will exchange information and experience on methods of creating rapidly deployable police forces, inter alia through the use of pre-identified police forces which, while actively taking part in national police work, would be available at short notice for police missions.
3. RAISING STANDARDS FOR INTERNATIONAL POLICE MISSIONS
Member States and the EU can play a catalysing role in raising standards for international police operations, including within and through the United Nations and the OSCE. Therefore the EU and its Member States will initiate work in view of the definition of an EU concept for international police operations. This work will be carried out in close cooperation with UN/DPKO, on the basis of existing UN guidelines and without duplicating work being carried out in the UN, and will draw on Member State and EU police expertise.
First discussions on this subject have identified the need, inter alia, to:
(1) define the categories of police officers and experts most appropriate for the different policing tasks, including priorities for deployment, on the basis of scenarios or illustrative profiles covering the role of police across the range of, and at the different phases of, crisis prevention and crisis management operations, and taking into account the need for flexibility of intervention;
(2) contribute to the development of a general concept of executive policing, notably as regards the interaction between military forces and police forces in post-conflict situations where both are deployed in parallel;
(3) contribute to the clarification of the legislative framework in which international police missions operate;
(4) contribute to the definition of clear international mandates for police missions.
The development of an EU concept would facilitate the drawing up of EU guidelines and references for international policing, including on rules of engagement, as well as contribute to the further refinement of the categories of police and experts in Member State and EU databases.
Member States and the EU will also, in the framework of the cooperation in the field of justice and home affairs, and taking into account requirements of different types of police missions, continue efforts to define standard selection criteria and basic training programmes, based on, and compatible with, existing UN, OSCE and Council of Europe standards, in order to ensure that police sent by EU Member States on international missions meet high standards and that the pool of pre-identified and trained police officers is sufficiently large to meet the capability and deployment targets defined above. These efforts will take into account the Lisbon seminar organised in this context on 29-31 May 2000 and earlier work on police training for peacekeeping missions carried out within the framework of the European Union and will reflect the central role of the EU and its Member States in contributing to improved international policing standards.
The specific concrete targets are the expression of the political will and commitment of Member States. The targets will be further elaborated by the appropriate Council instances. A method will be developed through which these phased targets can be met and maintained through voluntary contributions. The comparative advantages of national police taking into account e.g. national rotational requirements and the possible use of retirees, can be defined by each Member State, with a regular review of progress made. This work will be carried out in close cooperation with police experts.
General information on pre-identified police capabilities, their readiness, as well as on specific national expertise, in particular for advance teams, will be fed into the police database established at the Council Secretariat as part of the Coordinating Mechanism set up following the conclusions of the European Council in Helsinki. Further work will be undertaken concerning national arrangements, including on specific information on pre-identified police capabilities and single national contact points.
The European Council in Helsinki set the objective of developing the EU's contributions to international organisations, in particular the UN and OSCE, as well as its capabilities for EU autonomous actions. To that end the EU will coordinate closely with the United Nations Department of Peace Keeping Operations (UN/DPKO), the OSCE, notably the REACT Task Force, and with the Council of Europe and Member States contact points, in order to ensure that EU efforts and those of these organisations are compatible and mutually reinforcing, to avoid duplication as well as to facilitate the exchange of information relating to new police missions.
In addition, a detailed study on the feasibility and implications of planning, launching and leading autonomous EU missions will be carried out.[...]
COMMON STRATEGY OF THE EUROPEAN UNION
ON THE MEDITERRANEAN REGION
THE EUROPEAN COUNCIL,
Having regard to the Treaty on European Union, in particular Article 13 thereof,
HAS ADOPTED THIS COMMON STRATEGY:[....]
Justice and Home Affairs
22.Building on the acquis of the Barcelona Process and further to the Conclusions of the European Council in Tampere, the EU will:
- act in accordance with the Geneva Refugee Convention and other relevant instruments, and promote full compliance by the Mediterranean partners;
- study the simplification and acceleration of visa issue procedures;
- promote the identification of correspondences between legal systems of different inspirations in order to resolve civil law problems relating to individuals: laws of succession and family law, including divorce;
- promote transparency and greater predictability of legal systems in the partners in order to encourage foreign investment, and to encourage lawful migrants to pursue activities in favour of co-development with their countries of origin;
- ensure that the rules of transfer of profits are liberalised and find solutions avoiding double taxation, particularly for lawful migrants and those with dual nationality;
- develop effective cooperation mechanisms to fight against illegal immigration networks, including trafficking in human beings, inter alia through the establishment of readmission arrangements relating to own and third country nationals as well as persons without nationality;
- enter into dialogues with a view to setting up modern and effective border control systems, offering inter alia access to training programmes and exchanges of officials;
- work with Mediterranean Partners to address the question of migration, taking into full consideration the economic, social and cultural realities faced by Partner countries. Such an approach would require combating poverty, improving living conditions and job opportunities, preventing conflicts, consolidating democratic states and ensuring respect for Human Rights;
- develop a common approach to ensure the integration into society of Mediterranean partners' nationals who have been lawfully resident in a Member State for a certain period of time and hold a long-term residence permit, aiming at approximating their legal status in that Member State to that enjoyed by EU citizens;
- exchange information and statistics with the Mediterranean partners on migration flows.
23. The EU will develop further its cooperation with Mediterranean partners to combat organised crime, including drug trafficking and money laundering, in particular through:
- assistance in training for members of the judiciary and law enforcement authorities with an emphasis on information on the Union's acquis in the field of organised crime;
- offering collaboration with Mediterranean Partners to develop the necessary legal, institutional and judicial framework for the effective prosecution of these offences, and to develop cooperation mechanisms to combat cross-border crime.
The EU will continue to encourage Mediterranean Partners to adhere to the UN's international conventions on terrorism, and to follow the principle that the fight against terrorism must be firmly based on the principles of International Law and the respect for Human Rights."
Source: Council Press Release: 19.06.00 No: 200/00
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