Trevi acquis (1977-1993, list of texts adopted)


Introduction

The 'acquis' covering justice and home affairs drawn up for the accession to the EU by Sweden, Finland and Austria requires provides a basis for understanding the agreements reached under in the pre-Maastricht period.

The final version sent by the K4 Committee on 2 November 1993 (just one day after it officially came into existence) to the Permanent Representatives Committee was incorporated in the Treaty concerning the accession of these three states signed on 24 June 1994 and entered into force on 1 January 1995 (Cm 2887, HMSO, June 1995). The Treaty itself only covers, in Article 3, the opening statements listed immediately below in italics (points a - d). The actual details of the 'acquis' are in the annex included here in full.

No details on Part "III Police cooperation" are given. However, another document - Overview of the Acquis of the Trevi Agreement - prepared by the Belgian Presidency of the EU and adopted by the Council of Ministers on 21 October 1993 lists 31 decisions on police cooperation to be incorporated into the "acquis of the Twelve". This list has been incorporated into the text below. Many of the documents listed were published by Statewatch in 1997 in Key texts on justice and home affairs in the European Union.


Draft list on the "acquis" of the Union and of its Member States in the fields of Justice end Home Affairs (situation as at 1 July 1993)

REPORT from: K.4 Committee, to Permanent Representatives Committee
3rd November 1993
9568/93
CONFIDENTIEL CK4 2

1. At the Ministerial Meetings opening the Accession Conferences, the statement by the President of the Council contained the following text concerning justice and home affairs (1):

"With regard to Justice and Home Affairs, accession to the European Union will entail that your Countries:

(a) accept in full on accession the Title VI provisions of the Treaty on European Union and the working practices designed to give them effect;

(b) in respect of those conventions or instruments in the field of justice and home affairs which are inseparable from the attainment of the objectives of the Treaty on European Union:

(i) undertake to accede to those which have been opened for signature by the Member States by the date of the applicant State's accession to the Union

(ii)accept, in relation to those still under negotiation, the points which have been &greed on by the Twelve or by the Council at the date of your accession to the Union, participating in subsequent negotiations only on those points still to be resolved;

(c) accept on accession the resolutions and decisions adopted by the Twelve or by the Council in the field of justice and affairs, including the creation of Europol;

(d) introduce administrative and other arrangements, such as those already adopted by the Twelve or by the Council, to facilitate practical co-operation between Member States' institutions working in the field of justice and home affairs."

2. The Permanent Representatives Committee will find attached the draft "acquis" as established by the Committee set up under Article K.4 of the Treaty on European Union.

The purpose of this list is to identify the Conventions and other acts to be taken into consideration, in the light of the principles defined in the preceding statement, in the fields of justice and home affairs.


ANNEX

I. Conventions forming part of the "acquis communautaire" or the "acquis" of the Union to which applicant States must accede
States applying to become members of the European Union will be required to accede to Conventions based on Article 220, or related acts, and to Conventions and other instruments covered by Title VI of the TEU, as part of the 'acquis communautaire' or the "acquis" of the Union.

1. Conventions based on Article 220 of the EEC Treaty, or related acts

  • Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (Brussels, 27 September 1968)
    - Protocol on Interpretation by the Court of Justice (Luxembourg, 3 June 1971)
  • Convention on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (Brussels, 9 October 1978)
  • Convention on the Accession of the Hellenic Republic (Brussels, 25 October 1982)
  • Convention on the Accession of the Kingdom of Spain and the Portuguese Republic (San Sebastian, 26 May 1989)
  • Convention on the Law applicable to Contractual Obligations (Rome, 19 June 1980)
    - 1st Protocol on Interpretation by the Court of Justice (Brussels, 19 December 1988)
    - 2nd Protocol (Brussels, 19 December 1988)
  • Convention on the Accession of the Hellenic Republic (Luxembourg, 10 April 1984)
  • Convention on the Accession of the Kingdom of Spain and the Portuguese Republic (Funchal, 18 May 1992)
  • Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (Lugano, 16 September 1988).


2. Conventions between Member States concerning a topic covered by Title VI of the TEU

  • Convention between Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands on Assistance between their Customs Administrations ("Naples Convention") (Rome, 7 September 1967)
  • Additional Protocol (Rome, 7 September 1967)


3. Convention open for signing and other instruments covered by Title VI of the TEU

  • Convention determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities (Dublin, 15 June 1990) ("Dublin Convention")
  • Ministerial Agreement on setting up the Europol Drugs Unit (Copenhagen, 2 June 1993)


II. Draft Conventions in the process of being drawn up and coming under Title VI of the TEU

These drafts do not represent an States may not re-open "acquis" in the strict sense. Nevertheless, applicant negotiations on points on which the Member States have already agreed, even if the texts of these drift Conventions have not yet been adopted or opened for signing on the date of their accession to the European Union. At the same time entry into force of the TEU could itself entail certain amendments to these drafts and a new framework for negotiating them. Preparations for implementing some of these draft Conventions have already been made. They are dealt with under "other instruments".

  • Draft Convention of the Member States of the European Communities on the crossing of their external frontiers (2)
  • Draft Convention between the Member States of the European Economic Community concerning the use of information technology for customs purposes
  • Draft Convention concerning the establishment of a European Information System (3)
  • Draft Convention on a European Police Office (EUROPOL) (4)
  • Preliminary draft Convention determining the State Responsible for Examining Applications for Asylum ("Parallel Convention to the Dublin Convention')


III. Other Conventions to be regarded as indissociable from the achievement of the objectives of the TEU

  • European Convention for the Protection of Human Rights and Fundamental Freedoms(Rome, 4 November 1950) (5) (6)
  • European Convention against Torture and Other Cruel, Inhuman or Degrading Treatment Punishment (Strasbourg, 26 November 1987)
  • Convention relating to the Status of Refugees (Geneva, 28 July 1951) (1)
    - Protocol relating to the Status of Refugees (New York, 31 January 1967)
  • Single Convention on Narcotic Drugs (New York, 30 March 1961)
    - Protocol amending the Single Convention on Narcotic Drugs (Geneva, 25 March 1972)
  • Convention on Psychotropic Substances (Vienna, 21 February 1971)
  • Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 20 December 1988) (7)


IV. EPC Conventions and Conventions drawn up in other fora relating to areas covered by Title VI of the TEU

The conventions listed below were negotiated under EPC and opened for signing by the Member States or were prepared in other fore but are regarded as instruments affecting co-operation among the Twelve. The situation as regards the signing and ratification of these instruments is summarized in the attached tables. The Member States are not at this stage required to accede to the instruments. They are currently reviewing the reasons why some of these conventions have not been signed or ratified by some Member States.

These instruments are relevant to co-operation among the Twelve and applicant States should endeavour to become party to them in the same way as the Member States.

A. EPC Conventions

- in criminal matters: (8)

  • Agreement on the application between the Member States of the European Communities of the Council of Europe Convention on the Transfer of Sentenced Persons (Brussels, 25 May 1987)
  • Convention between the Member States of the European Communities on Double Jeopardy (Brussels, 25 May 1987) (9)
  • Agreement between the Member States of the European Communities on the Simplification and Modernization of Methods of Transmitting Extradition Requests (San Sebastian, 26,May 1989)
  • Convention between the Member States on the Transfer of Proceedings in Criminal Matters (Rome, 6 November 1990)
  • Convention between the Member States of the European Communities on the Enforcement of Foreign Criminal Sentences (Brussels, 13 November 1991)

- in civil matters:

  • Convention abolishing the Legalization of Documents in the Member States of the European Communities (Brussels, 25 May 1987)
  • Convention between the Member States of the European Communities on the Simplification of Procedures for the Recovery of Maintenance Payments (Rome, 6 November 1990)

B. Conventions drawn up in other fora relating to areas covered by Title VI of the TEU

- in criminal matters:

  • European Convention on Extradition (Paris, 13 December 1957)
    - Protocol I (Strasbourg, 15 October 1975).
    - Protocol II (Strasbourg, 17 March 1978)
  • European Convention on Mutual Assistance in Criminal Matters (Strasbourg, 2 April 1959).
    - Additional Protocol (Strasbourg, March 1978)
  • European Convention on the International Validity of Criminal Judgments (The Hague, 28 May 1970)
  • European Convention on the Transfer of Proceedings in Criminal Matters (Strasbourg, 15 May 1972)
  • European Convention on the Suppression of Terrorism (Strasbourg, 27 January 1977)
  • Convention on the Transfer of Sentenced Persons (Strasbourg, 21 March 1983)
  • Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (Strasbourg, 8 November 1990)

- in civil matters:

  • Convention on Civil Procedure (The Hague, 1 March 1954)
  • Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (The Hague, 15 November 1965)  
  • Convention on International Access to Justice (The Hague, 25 October 1980)
  • Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (The Hague, 18 March 1970)
  • Convention on the Civil Aspects of International Child Abuse (The Hague, 25 October 1980)
  • European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (Luxembourg, 20 May 1980)
  • Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Strasbourg, 28 January 1981)
  • Convention on the Rights of the Child (New York, 20 November 1989)


OTHER INSTRUMENTS

1. These acts have been drawn up under work programmes approved by the European Councils in Madrid ("Palma document"), (26 and 27 June 1989), Rome (7 December 1990) and Maastricht (9 and 10 December 1991). Applicant States will be in the same situation as the original Member States concerning statements, resolutions or positions adopted by the Member States which relate to Title VI of the TEU; they will consequently comply with the principles and guidelines resulting therefrom and will take any necessary steps to implement them.


A. Acts adopted by the Ministers responsible for Immigration

  • Decision setting up the CIREA (Centre for Information, Discussion and Exchange on Asylum) (Lisbon, 11 June 1992) [WGI 1107]
  • Conclusions concerning countries in which there is generally no serious risk of persecution (London, 30 November to 1 December 1992) [WGI 1281]
  • Resolution on a harmonized approach to questions concerning host third countries (London, 30 November to 1 December 1992) [WGI 1283]
  • Resolution on manifestly unfounded applications for asylum (London, 30 November to 1 December 1992) [WGI 1282 REV 1]


B. Acts to implement the Dublin Convention

These instruments, the principle of which has already been agreed at ministerial level, will be formally adopted by the Committee referred to in Article 18 of the Convention once the latter has entered into force:

  • Standard form for determining the State responsible for examining an application for asylum (WGI 938 REV 1) (10)
  • implementation of the Convention determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities (Lisbon, 11 to 12 June 1992)
  • Calculation of the periods referred to in the Dublin Convention (WGI 1039 REV 1)
  • Conclusions concerning the transfer of applicants for asylum in accordance with Articles 11 and 13 of the Dublin Convention (London, 30 November to 1 December 1992) (WGI 1269)
  • Joint handbook for the application of the Dublin Convention (WGI 1495)


ADMISSION

  • Resolution on harmonization of national policies on family reunification (Copenhagen, 1 to 2 June 1993)


EXPULSION

  • Recommendation concerning Member States' practices regarding removal (London, 30 November to 1 December 1992) [WGI 1266]
  • Recommendation concerning transit for the purposes of expulsion (London, 30 November to 1 December 1992) [WGI 1266] [Editor's note: this is an error; the correct reference is: WGI 1275]
  • Recommendation concerning checks on and expulsion of third-country nationals residing or working without authorization (Copenhagen, 1 to 2 June 1993) [WGI 1516]
  • Conclusion concerning greater flexibility in application of the provisions on transit for the purposes of expulsion (Copenhagen, 1 to 2 June 1993) [WGI 1310 REV 3]


EXTERNAL FRONTIERS

A. Acts adopted by the Ministers responsible for immigration

  • Setting up the Cirefi (Centre for Information, Research and Exchange on the Crossing of Borders and Immigration) (London, 30 November to 1 December 1992) [WGI 1277].


B. Acts to implement provisions of the draft Convention on the crossing of external frontiers

The ad hoc Group on Immigration is in the process of drawing up a number of instruments for implementation of provisions in the draft Convention on the crossing of external frontiers. These instruments, the principle of which has already been agreed at ministerial level, will be formally adopted once the Convention has entered into force.

  • Refusal of entry: conditions and procedure (WGI 1103)
  • Checking on means of subsistence (WGI 1104)  
  • Controls on persons (WGI 1108)
  • Travel documents (WGI 1506 REV 1)
  • Draft conclusions regarding implementation of the common visa policy provided for in the draft Convention on the crossing of external frontiers (Articles 17 to 25) (WGI 1513) (5)
  • List of countries whose nationals are subject to visa requirements in all the Member States (WGI 1379 REV 2)
  • List of residence permits (Articles 8 and 15 of the Convention) (WGI 1454 REV 1)
  • List of entry documents required by the Member States in the case of third-country nationals (WGI 1379 REV 2)


FALSE DOCUMENTS

  • Creation of a European Forgery Bulletin (Presidency conclusions at the Munich European Council on 3 June 1988, WGI 271, p.19)


DRUGS

  • Resolution of the Council and the Ministers for Health of the Member States meeting within the Council of 16 May 1989 concerning a European network of health data on drug abuse (0J C 185, 22.7.1989, p.1)


II. CUSTOMS CO-OPERATION

Declarations adopted by the Directors-General for customs matters in accordance with the Naples Convention:

  • Wiesbaden: 1971
  • Dromoland 1: 1976
  • Dromoland 2: 1976
  • Istanbul 1: 1977
  • Istanbul 2: 1977
  • Iraklion: 1978
  • London: 1974
  • Munich: 1975
  • Harrogate: 1992


III. POLICE CO-OPERATION

For the record. [Editor's note: this is all this document says on "police cooperation"; however, another document does contain the measures - see below]


ANNEX

[Editor's note: Annex deleted. Attached to the ANNEX are a series of charts showing the state of ratification (signature, ratification, and entry into force) for each of the then 12 EU Member States. A full list of the state of ratifications in November 1993, 15 pages, can be obtained from Statewatch].


Notes

(3) The Spanish delegation announced that it would be making a unilateral statement for the minutes concerning this Convention.

(5) The degree of agreement on the various conclusions differs considerably at this stage.

(1) CONF-A 1193, CONF-S 1193, CONF-SF 1193 of 12 February 1993 and CONF-N 2193 of 26 April 1993, paragraph 16, pp11 and 12.

(2) An unresolved problem could result in certain articles of the draft being amended. Applicant States may not request the renegotiation of articles on which agreement has been reached.

(3) The Ministers have not yet decided on the provisions of this draft. They have however agreed to base it on the principles governing the provisions of the Convention applying the Schengen Agreement.

(4) The Ministers have not yet decided on the provisions.

(5) These two Conventions are mentioned in Title VI of the TEU (Article K.2(1)).

(6) The reference in the TEU to the European Convention for the Protection of Human Rights and Fundamental Freedoms must be regarded as a general reference to the System of the Convention.' Article F of the TEU, which states that the Union shall respect fundamental rights as guaranteed by the Convention and as they result from the constitutional traditions common to the Member States as general principles of Community law, transposes into the Treaty the principles evolved by the Court of Justice in the matter. The Article makes reference to the Convention whilst the Court had already referred to some of its Protocols (see, for example, Case 44/79 Hauer, ECR 1979, page 3727).

(7) The European Economic Community is party to this Convention. See Council Decision 901661 /EEC of 22 October 1 990 concerning the conclusion, on behalf of the European Economic Community, of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (OJ L 326, 24.11.1990, p.56).

(8) An Agreement between the Member States of the European Communities concerning the application of the European Convention on the Suppression of Terrorism, signed in Dublin on 4 December 1979, was also drawn up within the EPC framework. This Agreement, which was ratified by Belgium, France, Italy. Luxembourg and the Netherlands, did not enter into force and is no longer being examined within the EPC framework.

(9) The Spanish delegation announced that it would be making a unilateral statement for the minutes concerning this Convention.

(10) Provisional version.


[Editors note: What follows is a Statewatch translation of a report prepared by the Belgian Presidency which gives details of the decisions on police cooperation.]

Reference: Overview of the Acquis of the Trevi Agreement: police cooperation
The Council, Brussels
21 October 1993
Circ 3678/93

Overview of the Acquis of the Trevi Agreement

I. The European Treaty with regard to the fighting of terrorism and the Ministerial agreement regarding the formation of Europol drug units have been listed in Document CIRC 3665/93 JUR 101.

II. The TREVI group proposes at the same time to incorporate the following decisions of TREVI ministers in the acquis of the Twelve.

1. The setting up of a network of liaison offices and procedures for mutual exchange.

  • Recommendation - Ministers, 31.05.1977, London  
  • Recommendation - Higher Civil servants, 08.12.1981, Kopenhagen
  • Decision - Ministers, 09.12.1988, Athens 
  • Recommendation - Ministers, 11-12.06.92, Lisbon

2. Procedure for the exchange of information about hijacking and exchange of experience and information about the safety of land and sea transportation.

  • Decision - Ministers, 10.06 1983, Bonn
  • Recommendation - Minister, 20.06.1985, Rome

3. Exchange of information about weapons through regular correspondents.

  • Resolution - Ministers, 24.06.1986, The Hague

4. International exchange of Information about undesirable aliens from third countries who pose a terrorist threat.

  • Decision - Ministers, 20.06.1985, Rome
  • Decision - Ministers, 28.04.1987, Brussels

5. Setting up of a network of regular correspondents with regard to vandalism at sporting events.

  • Decision - Ministers, 28.04.1987, Brussels

6. International exchange of information about the theft of weapons and explosives that could be used for terrorist aims.

  • Agreement-Ministers, 28.04.1987, Brussels

6a. Centralised collection of information in a European context of information about explosives.

  • Decision - Ministers, 28.06.1987, Munich

7. Permanent evaluation of the threat of terrorism.

  • Agreement - Ministers 28.04.1987, Brussels
  • Decision - Ministers, 02-03.12.1991, The Hague

8. Detachment of liaison officers for drugs to countries that do not belong to the EEC.

  • Agreement - Ministers, 28.04.1987, Brussels
  • Agreement - Ministers, 09.12.1987, Copenhagen
  • Decision - Ministers, 03.06.1988, Munich
  • Recommendation - Ministers, 14.06.1991, Luxembourg

9. Urgent proscriptions with regards to the immediate spreading of information after severe terrorist attacks.

  • Decision-Ministers, 03.06.1988, Munich
  • Decision-Ministers, 11-12.05.1989, Madrid

10. The setting up of a centre for the collection of evidence with regards to false Arab documents (Z.A.P).

  • Decision - Ministers, 12.05.1989, Madrid

11. Common policy intentions to fight the production, circulation and use of illegal methods of payment.

  • Recommendation - Ministers, 14-15.12.1989, Paris

12. Common Policy intentions with regards the fight against organised violent crime.

  • Recommendation - Ministers, 14-15.12.1989, Paris

13. Common policy intentions with regard to the protection of the cultural heritage.

  • Recommendation - Ministers, 14-15.12.1989, Paris
  • Recommendation - Ministers, 11-12.06.1992, Lisbon

14. Communal policy intentions with regards to the protection of witnesses.

  • Recommendation - Ministers 14-15.12.1989, Paris

15. The setting up of a network of regular correspondents with regards police techniques to offer assistance drug-producing and through-transport countries for drugs.

  • Decision - Ministers, 15.06.1990, Dublin

16. Coordination of support to East-European countries with the aim of the re-establishing of police services.

  • Decision - Ministers, 15.06.1990, Dublin

17. Detachment of liaison civil servants within the EEC

  • Decision - Ministers, 14.06.1991, Luxembourg

18. Technical and scientific cooperation in police affairs through regular corespondents.

  • Statement - Ministers, 14.06.1991, Luxembourg

19. Cooperation with regard to training.

  • Statement - Ministers, 14.06.1991, Luxembourg
  • Recommendation - Ministers, 11-12.06.1992, Lisbon

20. Common detection measures for the fighting of terrorism (Wanted Posters and files).

  • Recommendation - Ministers, 02-03.12.1991, The Hague

21. Cross-border police cooperation.

  • Recommendation - Ministers, 02-03.12.1991, The Hague

22. Common policy intentions with regards to the controlled supply of drug.

  • Recommendation - Ministers, 02-03.12.1991, The Hague

23. Mutual assistance in investigations.

  • Recommendation - Ministers, 02-03.12.1991, The Hague

24. Common policy intention with regard to the analysis of criminality.

  • Recommendation - Ministers, 11-12.06.1992 Lisbon

25. Common policy intentions with regards to the organisation of sporting events.

  • Resolution - Ministers, 11-12.06.1992, Lisbon


III. The TREVI group finally proposes that the following decisions that are already being applied should be incorporated into the acquis of the Twelve.

1. The installing of regular correspondents in the area of public order.

  • Statement - Ministers, 02-03.12.1991, The Hague

2. Common policy intentions with regards to the interception of telecommunications.

  • Statement - Ministers, 02-03.12.1991, The Hague
  • Recommendation - Ministers, 02.06.1993, Copenhagen

3. Common policy intentions with regard to the combatting of the financing of terrorism.

  • Statement - Ministers, 02-3.12.1991, The Hague

4. Common policy intentions with regard to Environmental infringements.

  • Recommendation - Ministers, 11-12.06.1992, Lisbon

5. Common policy intention as regards traffic.

  • Recommendation - Ministers, 11-12.06.1992, Lisbon

6. Common policy intentions as regard the laundering of capital.

  • Recommendation - Ministers, 02.06.1993, Copenhagen.

 

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