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COUNCIL OF THE EUROPEAN UNION |
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JAI 866 |
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from: to |
Council |
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Subject: |
The Stockholm Programme - An open and secure
Europe serving and protecting the citizens |
As a result of the discussions at Coreper
on 26 November 2009 the following amendments and changes have been introduced
Point
1.2.6, second paragraph
The objective should be
pursued of systematic European Training Schemes offered to all involved. The
ambition for the Union and its Member States should be that a substantive number of
professionals by 2015 will have participated in a European Training Scheme or
an exchange with another Member State, which might be part of training schemes
that are already in place. For this purpose existing training institutions
should in particular be used.
Point
1.2.9, third paragraph
Within the
next financial perspectives, it should be examined how best to design the financial instruments in order to ensure a
suitable support for operational
projects developed outside the Union which enhance the Union’s security, in
particular in the field of fight against organised crime and terrorism. Careful consideration should be given to ways
and means to speed up the EU reaction to urgent events in this area in terms of
financial assistance and how to provide technical assistance for the global
implementation of international conventions, such as those relating to
terrorism.
Point
2.2, second paragraph
As noted by the European
Parliament, Schengen cooperation, which has removed internal border controls within much of the EU, is a major achievement in the Area of freedom,
security and justice. The European Council recalls its attachment to the
further enlargement of the Schengen area. Provided that all requirements to
apply the Schengen acquis have been fulfilled, the European Council calls on
the Council, the European Parliament and the Commission to take all necessary
measures to allow for the abolition of controls at internal borders with the
remaining Member States that have declared their readiness to join the Schengen
area without delay.
Point
2.4, second paragraph
The
European Council invites the Commission to
·
put
forward the foreseen proposals in the Roadmap for its swift implementation, on
the conditions laid down therein,
·
examine
further elements of minimum procedural rights for accused and suspect persons,
and to assess whether further
proposals are needed for instance as regards the presumption of innocence.
Point
3.1.1, first paragraph
In
the face of cross-border crime, more efforts should be made to make judicial
cooperation more efficient. The instruments adopted need to be more
"user-friendly" and focus on problems that are constantly occurring
in cross-border cooperation, such as issues regarding time limits and language
conditions or the principle of proportionality. In order to improve cooperation
based on mutual recognition, some matters of principle should also be resolved.
For example, there may be a need for a horizontal approach regarding certain
recurring problems during negotiations on instruments. The approximation, where
necessary, of substantive and procedural law should
facilitate mutual recognition.
Point
3.1.2, sixth paragraph
In light of the findings, the Commission could submit appropriate
proposals taking into account the different legal systems and traditions in the
Member States. In the short term a system allowing citizens to obtain their own
civil status documents easily could be envisaged. In the long term, it might be considered whether mutual recognition of the effects of civil status
documents could be appropriate, at least in certain areas. Work developed by
the International Commission on Civil Status should be taken into account in
this particular field.
Point 3.3, title and first paragraph
3.3 Developing a core of common minimum
rules
To the
extent necessary to facilitate
mutual recognition of judgments and judicial decisions and police and
judicial cooperation in criminal matters, the Union may adopt common minimum rules. The European Council considers that a certain
level of approximation of laws is necessary to foster a common understanding of
issues among judges and prosecutors, and hence to enable the principle of
mutual recognition to be applied properly, taking into account the differences
between legal traditions and systems of Member States.
Point
3.3.1, first paragraph
Criminal
behaviour; in the areas of
particularly serious crime with a cross-border dimension resulting from the
nature or impact of such offences or from a special need to combat them on a
common basis should become the object of common incriminations and common
minimum levels of maximum sanctions. These are the serious offences referred to
in Article 83(1) TFEU. Priority should be given to terrorism, trafficking in
human beings, illicit drug trafficking, sexual exploitation of women and children
and child pornography and computer crime.
Point 3.3.1, third paragraph
The
relationship between approximation of offences or their definition and the
double criminality rule in the framework of mutual recognition should be
further explored. The Commission is invited to make a report to the Council which will consider whether it is necessary and
feasible to approximate the
offences for which double criminality does not apply in the mutual recognition
instruments.
Point 4.2.2, fifth paragraph
The
necessary EU and national structures need to be in place to ensure the
implementation and management of the different information management tools. The European Council also calls for the
establishment of an administration, as proposed by the Commission, having the
competence and capacity to develop technically and manage large-scale IT-systems in the
area of freedom, security and justice, as referred to in the joint
statements of the Institutions in December 2006 and October 2007. Possible additional tasks should be considered
by the Council in the light of the Information Management Strategy.
Point 4.2.2, sixth paragraph
Reflecting the discussions in the Council and
the European Parliament, with a view to setting up an EU Passenger Names Record
system, the European Council calls upon the Commission
·
to propose an EU measure, that ensures a high
level of data protection, on PNR for the purpose of preventing, detecting, investigating and
prosecuting terrorist offences and serious crime, based on an impact
assessment.
Point 4.2.3, fourth paragraph
The European Council invites
·
the
Commission to assess whether the networking of criminal records makes it
possible to prevent offences from being committed (e.g. through checks on
access to certain jobs, particularly those relating to children), and whether
it is possible to extend the exchange of information
on supervision measures,
Point 4.4.5, second paragraph
The European Council calls upon the
Member States and, where appropriate, the Commission to:
·
enhance
the capacity for financial investigations and combine all available instruments
in fiscal, civil and criminal law. Forensic financial analysis must be
developed by pooling resources, in particular for training; the confiscation
of assets of criminals should be made more efficient
and cooperation between Asset Recovery Offices made stronger,
·
to identify assets of criminals more effectively and seize them and, whenever
possible, consider re-using them wherever they are found in the EU common
space,
·
further develop information exchange between the Financial Intelligence Units (FIUs),
in the fight
against money laundering. Within the framework of the European Information
Management System, their analyses could feed a database on suspicious
transactions, for example within Europol,
·
mobilise and coordinate
sources of information to identify suspicious cash transactions and to
confiscate the proceeds of crime, for instance through legislation on
whether proceeds are legitimate or
not,
·
improve
the prosecution of tax evasion and
corruption in the private sector and
the early detection of fraudulent market abuse (such as insider
dealing and market manipulation), as well as the misappropriation of funds,
·
facilitate
the exchange of best practice in prevention and law enforcement, in particular
within the framework of the Asset Recovery Office Network and the Anti‑Corruption
Network.
Point 5.1, first and second paragraphs
The Union
must continue to facilitate legal access to the territory of the Member States
while in parallel taking measures to counteract illegal immigration and
cross-border crime and maintaining a high level of security. The
strengthening of border controls should not prevent access to protection
systems by those persons entitled to benefit from them, and especially people and groups that are in vulnerable situations. In this regard, priority will be given to the
needs of international protection and reception of unaccompanied minors. It is essential that the activities of Frontex and of the European
Asylum Support Office are coordinated when it comes to the reception of migrants
at the EU’s external
borders. The European Council calls for the further development of integrated border management, including the
reinforcement of the role of Frontex in order to increase its capacity to respond more effectively to
changing migration flows.
The European
Council therefore
·
requests
the Commission to put forward
proposals no later than early 2010 to clarify the mandate
and enhance the role of FRONTEX, taking account of the results of the
evaluation of the Agency and the role and responsibilities of the Member States
in the area of border control. Elements of these proposals can contain
preparation of clear common operational procedures containing clear rules of
engagement for joint operations at sea, with due regard to ensuring protection
for those in need who travel in mixed flows, in accordance with international
law; increased operational cooperation between Frontex and countries of origin
and transit and examination of the possibility of regular chartering financed
by Frontex In order to promote the proper enforcement of the applicable
statutory framework for Frontex operations, the Commission should consider
including a mechanism for reporting and recording incidents that can be
satisfactorily followed up by the relevant authorities,
·
invites FRONTEX itself to consider, within its mandate,
establishing regional and/or specialised offices to take account of the
diversity of situations, particularly for the land border to the East and the
sea border to the South; creating such offices should on no account undermine
the unity of the Frontex agency; before creating such offices, Frontex should
report to the Council on its intentions,
·
invites the Commission to initiate a debate on the long-term
development of FRONTEX. This debate should include, as was envisaged in the Hague
programme, the feasibility of the creation of a European system of border
guards,
·
invites
the EASO to develop
methods to better identify those who are in need of international protection in
mixed flows, and to cooperate with Frontex wherever possible,
· considers that the evaluation of the Schengen area will continue to be of key importance and that it therefore should be improved by strengthening the role of Frontex in this field,
·
invites the Council and the Commission to support
enhanced capacity building in third countries so that they can control
efficiently their external borders.
Point 5.1, sixth paragraph
The European
Council considers that technology can play a key role in improving and
reinforcing the system of external
border controls. The entry into operation of
the SIS II and the roll-out of the
VIS system therefore remains a key objective and the European Council calls on
the Commission and Member States to ensure that they now become fully operational in keeping
with the timetables to be established for that purpose. Before creating new
systems, an evaluation of these and existing systems should be made and the
difficulties encountered when they were set up should be taken into account.
The setting up of an administration for large-scale IT systems could play a
central role in the possible development of IT systems in the future.
Point 6.1.3, first paragraph
The
European Council recognises that labour immigration can contribute to increased
competitiveness and economic vitality. In this sense, the European Council is
of the opinion that the Union
should encourage the creation of flexible admission systems that are responsive
to the priorities, needs, numbers
and volumes determined by each Member State and enable migrants to take full advantage
of their skills and competence. In
order to facilitate better labour matching, coherent immigration policies as
well as better integration assessments of the skills in demand on the European
labour markets are carried out. These systems must have due regard for Member
States' competences, especially for managing their labour markets, and the
principle of Union preference. (…)
Point 6.1.6, first paragraph
The European Council is convinced that
effective action against illegal immigration remains essential when developing a common immigration policy. The fight against trafficking in human beings and
smuggling of persons, integrated border management and cooperation with
countries of origin and transit, supported by police and judicial cooperation,
in particular must remain a key priority for this purpose. Our aim must be
to prevent the human tragedies which the activities of human traffickers expose
persons to.
Point 6.1.6, fifth paragraph
The
European Council believes that the focus should be placed on:
· encouraging of voluntary return, including through the development of incentive systems, training, reintegration and subsidies, and by using the possibilities offered by existing financial instruments,
· Member States to put into full effect the Union provisions pursuant to which a return decision issued by one Member State is applicable throughout the European Union and the effective application of the principle of mutual recognition of return decisions by recording entry bans in the SIS and facilitating exchange of information; improving the exchange of information on developments at national level in the area of regularisation, with a view to ensuring consistency with the principles of the Pact on Asylum and Migration,
·
assistance
by the Commission and Frontex and Member States on a voluntary basis, to Member
States which face specific and disproportionate pressures, in order to ensure
the effectiveness of their return policies towards certain third states,
·
more effective action against illegal immigration
and trafficking in human beings and smuggling of persons by developing
information on migration routes as well as aggregate and comprehensive information which improves our understanding of and response to
migratory flows, promoting cooperation on surveillance and border controls,
facilitating readmission by promoting support measures for return and
reintegration, capacity building in third countries,
· the conclusion of effective and operational readmission agreements, on a case-by-case basis at EU or bilateral level,
·
ensuring that the objective of the
EU’s efforts on readmission should add value and increase the efficiency of
return policies, including existing bilateral agreements and practices,
· the presentation by the Commission of an evaluation, also of ongoing negotiations, during 2010 of the EC readmission agreements and propose a mechanism to monitor their implementation. The Council should define a renewed, coherent strategy on readmission on that basis, taking into account the overall relations with the country concerned, including a common approach towards third countries that do not cooperate in readmitting their own nationals;
· increased practical cooperation between Member States, for instance by regular chartering of joint return flights, financed by Frontex and the verification of the nationality of third-country nationals eligible for return, and the procurement from third countries of travel documents,
·
increased
targeted training and equipment support,
·
a coordinated approach by Member States by
developing the network of liaison officers in countries of origin and transit.
Point 6.2.1., fifth paragraph
The
European Council accordingly invites:
· the Council and the European Parliament to intensify the efforts to establish a common asylum procedure and a uniform status for those who are granted asylum or subsidiary protection by 2012 at the latest,
·
the
Commission to undertake a feasibility study on Eurodac as a supporting tool for
the entire CEAS, while fully respecting data protection
rules,
· the Commission to consider, if necessary, in order to achieve the CEAS, proposing new legislative instruments on the basis of an evaluation,
·
the Commission to consider, once the
CEAS has been established and, on the basis of an evaluation of existing legislation and of the EASO, the
possibilities for creating a mechanism for the transfer of protection of
beneficiaries of international protection, when
exercising their freedom of movement under EU law,
·
invites
the Commission to finalise its
study on the feasibility and legal and practical implications to
establish joint processing of
asylum applications
Point 6.2.3, first paragraph
The EU
should act in partnership and cooperate with third countries hosting large
refugee populations. A common EU approach can be more strategic and thereby contribute
more efficiently to solving protracted refugee situations. Any development in
this area needs to be pursued in close cooperation with the UNHCR and, if appropriate, other relevant actors. The European Asylum
Support Office should be fully involved in the external dimension of the CEAS.
In its dealings with third countries, the EU has the responsibility to actively
convey the importance of acceding to, and implementing of, the 1951 Geneva
Convention on Refugees and its Protocol.
Point 6.2.3, third paragraph
The European Council invites
·
the
Council and the Commission to enhance capacity building in third countries, in
particular their capacity to provide effective protection, and to further
develop and expand the idea of Regional Protection Programmes, on the basis of
the forthcoming evaluations. Such efforts should be incorporated into the
Global Approach to Migration, and should be reflected in national poverty
reduction strategies and not only be targeting refugees and internally
displaced persons but also local populations.
·
the Council, the European Parliament
and the Commission to encourage the voluntary participation of Member States in
the joint EU resettlement scheme and increase the total number of resettled
refugees, taking into consideration the specific situation in each Member
State,
· the Commission to report annually to the Council and the European Parliament on the resettlement efforts made within the EU, to carry out a mid-term evaluation during 2012 of the progress made, and to evaluate the joint EU resettlement programme in 2014 with a view to identifying necessary improvements,
· the Council and the Commission to find ways to strengthen EU support for the UNHCR,
·
the Commission to explore, in that
context and where appropriate, new approaches concerning access to asylum procedures targeting
main transit countries, such as protection programmes for particular groups or
certain procedures, on a voluntary basis, for examination of applications for
asylum, in which Member States could participate on a voluntary basis.
Point 7.2, first paragraph
The Lisbon
Treaty offers the Union new instruments as regards the protection of
fundamental rights both internally and externally. The values of the Union
should be promoted and strict compliance with and development of international
law should be respected. The European Council calls for the establishment of a
Human Rights Action Plan to promote its values in the external dimension of
JLS policies. This Plan
should be examined by the European Council and should take into account that
internal and external aspects of Human Rights are interlinked, for instance as
regards the principle of non-refoulement or the use of death penalty by
partners that the Union cooperate with. The Plan should contain specific
measures in the short, medium and long term, and designate who is responsible
for carrying out the actions.
Point 7.5, twelfth paragraph
The European Council notes that
the 2007 EU-Africa Joint Strategy and Action
Plan define the scope of cooperation in the areas of counter-terrorism,
transnational crime and drug trafficking. Both within the EU-Africa Partnership on Mobility, Migration and Employment (MME) and the EU Global
Approach to Migration, and the follow up process of the Rabat, Paris and
Tripoli conferences, the dialogue on migration should be deepened and intensified
with African Partners, focussing on countries along the irregular migration
routes to Europe with a view to assisting those countries in their efforts to
draw up migration policies and responding to illegal immigration at sea and on
the borders. Efforts should be
made to enhance cooperation, including the swift conclusion of re-admission agreements,
with Algeria, Morocco and Egypt, and, in line with the European Council
conclusions in October 2009, with Libya.
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