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THE EUROPEAN UNION |
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CO EUR-PREP 3 JAI 896 POLGEN 229 |
Presidency |
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to : |
General Affairs Council/European Council |
No. prev doc. |
16484/1/09 REV 1 JAI 866 + ADD 1 |
Subject : |
The Stockholm
Programme – An open and secure Europe serving and protecting the
citizens |
The draft Stockholm Programme was presented by the Presidency on 16 October 2009. Coreper held a first exchange of views on the Programme during its meetings on 21 and 22 October 2009. Following that, the JHA Counsellors have examined the entire text at three meetings on 30 October, 6 and 13 November. Coreper has examined the text also on 3 occasions on 4, 11 and 20 November.
At its
meeting of 30 November and 1 December 2009, the Council (Justice and Home
Affairs), held a wide-ranging exchange of views on the Programme which was met
with a broad consensus. Many issues were brought forward and the text has been
redrafted, as set out in the annex to this note, to reflect those discussions. The
Presidency herewith submits to the General Affairs Council and the European Council the result of those
discussions for approval in accordance with Article 68 TFUE and publication in
the Official Journal of the European Union.
______________
ANNEX
The
Stockholm Programme -
An
open and secure Europe serving and protecting the citizen
1. Towards a
Citizens' Europe in the area of Freedom, Security and Justice
The European Council reaffirms the priority it attaches to the development of an area of freedom, security and justice (JLS), responding to a central concern of the peoples of the States brought together in the Union.
Building on the achievements of the Tampere and Hague Programmes, significant progress has been achieved to date in this field. Internal border controls have been removed in the Schengen area and the external borders of the EU are now managed in a more coherent manner. Through the development of the Global Approach to Migration, the external dimension of the EUs migration policy focuses on dialogue and partnerships with third countries, based on mutual interests. Significant steps have been taken towards the creation of a European Asylum System. European agencies such as Europol, Eurojust, the Fundamental Rights Agency and Frontex have reached operational maturity in their respective fields of activity. Cooperation in civil law is facilitating the everyday life of citizens and law enforcement cooperation provides for enhanced security.
In spite of these and other important achievements in the area of freedom, security and justice Europe still faces challenges. These challenges must be addressed in a comprehensive manner. Further efforts are thus needed in order to improve coherence between policy areas. In addition cooperation with partner countries should be intensified.
It is
therefore time for a new agenda to enable the Union and
its member states to build on the achievements and to meet future challenges.
To this end the European Council has adopted this new multi-annual programme to
be known as the Stockholm Programme, for the period
2010-2014.
The European Council welcomes the increased role that the European Parliament and National Parliaments will play following the entry into force of the Lisbon Treaty[1]. Citizens and representative associations will have an increased opportunity to make known and publicly exchange their views in all areas of Union action in accordance with article 11 TEU. This will reinforce the open and democratic character of the European Union for the benefit of its people.
The Treaty facilitates the process of reaching the goals outlined in this programme, both for the institutions and for the Member States. The role of the Commission in preparing initiatives is confirmed, as well as the right for a group of at least seven Member States to submit legislative proposals. The legislative process is improved by the use, in most sectors, of co-decision procedure, thereby granting full involvement of the European Parliament. National Parliaments will play an increasing role in the legislative process. By enhancing also the role of the Court of Justice, it will improve the European capacity to fully implement policy in this area and ensure the consistency of interpretation.
All
opportunities offered by the Lisbon Treaty to strengthen the European area of
freedom, security and justice for the benefit of EU citizens should be used by the
European institutions.
The present programme defines strategic guidelines for legislative and operational planning within the area of freedom, security and justice in accordance with Article 68 TFEU.
1.1 Political
priorities
The European Council considers that a
priority for the coming years will be to focus on the interests and needs of
citizens. The challenge will be to ensure
respect for fundamental freedoms and integrity while guaranteeing security in
Europe. It is of
paramount importance that law
enforcement measures and measures to safeguard individual rights, the rule of
law, international protection rules go hand in hand in the same direction and
are mutually reinforced.
All actions taken in the future should be centred on the citizen and other persons for whom the EU has a responsibility. The EU should in the years to come work towards the following main priorities:
Promoting citizenship and fundamental rights: European citizenship must become a tangible reality. The area of freedom, security and justice must above all be a single area in which fundamental rights are protected. The enlargement of the Schengen area must continue. Respect for the human person and human dignity and for the other rights set out in the Charter of Fundamental Rights and the European Convention on Human Rights are core values. For example, the exercise of these freedoms and citizens' privacy must be preserved beyond national borders, especially by protecting personal data. Allowance must be made for the special needs of vulnerable people and European citizens and others must be able to exercise their specific rights to the full within the European Union, even, where relevant, outside the Union.
A Europe of law and justice: The achievement of a European area of justice must be consolidated so as to move beyond the current fragmentation. Priority should be given to mechanisms that facilitate access to justice, so that people can enforce their rights throughout the Union. Cooperation between public professionals and their training should also be improved, and resources should be mobilised to eliminate barriers to the recognition of legal acts in other Member States.
A Europe that protects: An internal security strategy should be
developed in order to further improve security in the Union and thus protect
the lives and safety of European
citizens and tackle organised crime, terrorism and other threats. The strategy
should be aimed at strengthening cooperation in law enforcement, border management,
civil protection, disaster management as well as criminal judicial cooperation
in order to make Europe more secure. Moreover, the European Union needs to base its work on solidarity between
Member States and make full use of Article 222 TFEU.
Access
to Europe in a globalised world: Access
to Europe for businessmen, tourists, students, scientists, workers, persons in
need of international protection and others having a legitimate interest to
access EU territory has to be made more effective and efficient. At the same
time, the Union and its Member States have to guarantee security for its
citizens. Integrated border management and visa policies should be construed to
serve these goals.
A Europe of responsibility, solidarity and partnership in migration and asylum matters: The development of a forward-looking and comprehensive European migration policy, based on solidarity and responsibility, remains a key policy objective for the European Union. Effective implementation of all relevant legal instruments needs to be undertaken and full use should be made of relevant Agencies and Offices operating in this field. Well-managed migration can be beneficial to all stakeholders. The European Pact on Immigration and Asylum provides a clear basis for further development in this field. Europe will need a flexible policy which is responsive to the priorities and needs of Member States and enables migrants to take full advantage of their potential. People in need of protection must be ensured access to legally safe and efficient asylum procedures. Moreover, in order to maintain credible and sustainable immigration and asylum systems in the EU, it is necessary to prevent, control and combat illegal migration as the EU faces an increasing pressure from illegal migration flows and particularly the Member States at its external borders, including at its Southern borders in line with the conclusions of the European Council in October 2009.
The
role of Europe in a globalised world – the external dimension: The importance of the external dimension of the EU's policy
in the area of freedom, security and justice underlines the need for increased
integration of these policies into the general policies of the European Union.
The external dimension is essential to address the key challenges we face and
providing greater opportunities for EU citizens to work and do business with
countries across the world. The external dimension of JLS is crucial to the
successful implementation of the objectives of this programme and should in
particular be taken into account in, and be fully coherent with, all other
aspects of EU foreign policy.
1.2 The
tools
If the next multi-annual programme is to be implemented successfully, the following tools are important.
1.2.1 Mutual trust
Mutual trust between authorities and services in the different Member States as well as decision-makers is the basis for efficient cooperation in this area. Ensuring trust and finding new ways to increase reliance on, and mutual understanding between, the different systems in the Member States will thus be one of the main challenges for the future.
1.2.2
Implementation
Increased
attention needs to be paid in the coming years to the full and effective
implementation, enforcement and
evaluation of existing instruments.
Legal transposition should be ensured using, to its fullest extent, wherever
necessary, existing institutional tools.
The time
taken to respond to the needs of citizens and businesses must also be shorter
in the future. The Union should focus on identifying the needs of citizens and
practitioners and the appropriate responses. The development of action at Union
level should involve Member States expertise and consider a range of measures,
including non-legislative solutions such as agreed handbooks, sharing of best
practice (among other things, making best use of the European Judicial
Networks) and regional projects that address those needs, in particular where
they can produce a fast response.
1.2.3
Legislation
In general,
new legislative initiatives, by the Commission or by Member States where the
Treaty so provides[2], should be
tabled only after verification of the respect for the principles of
proportionality and subsidiarity, a thorough preparation, including prior
impact assessments, also involving identifying needs and financial consequences and using Member
States expertise. It is crucial to evaluate the implications of new
legislative initiatives on the four freedoms under the Treaty and to ensure
that such initiatives are fully compatible with internal market principles.
The European
Council considers that the development of legislation in the area of freedom,
security and justice is impressive, but it has shortcomings in terms of overlapping and a certain lack of
coherence. At the same time, the quality of the legislation including the language used in some of the legal acts could
be improved.
A horizontal
review of the instruments adopted should be considered, where appropriate, in
order to improve consistency
and consolidation of legislation.
Legal coherence and ease of accessibility is particularly important. Better
regulation and lawmaking principles
should be strengthened throughout the decision-making procedure. The
inter-institutional agreement on simplification reached between the EU institutions
should be applied in full. All EU institutions at all stages of the
inter-institutional
procedure should make an effort to draft EU legislation in clear and
comprehensible language.
1.2.4 Increased coherence
The European
Council invites the Council and the Commission to enhance the internal co‑ordination
in order to achieve greater coherence between external and internal elements of JLS work. The same
need for coherence and improved coordination applies to the EU agencies
(Europol, Eurojust, Frontex, CEPOL, the Lisbon Drugs Observatory, the future European
Asylum Support Office and the Fundamental Rights Agency). The Council should
exercise more political oversight over the agencies, by, for instance, drawing
conclusions on annual reports. Special rules in relation to some agencies apply
as regards oversight by the European Parliament.
1.2.5
Evaluation
The Lisbon Treaty
provides that measures may be taken so that the Member States, in cooperation
with the Commission, shall undertake an objective and impartial evaluation
of the implementation of the policies in the area, in particular to promote the full application of the principle
of mutual recognition. The European Parliament and the national parliaments are
to be informed of the content and results of the evaluations. The European
Council considers that such evaluation mechanisms should avoid duplication and,
in the long term, encompass all policies in the area. There should also be an
efficient system of follow-up to such evaluations.
There
has to be an evaluation of the effectiveness of the legal instruments adopted
at Union level. Evaluation is also necessary to determine any obstacles to the
proper functioning of the European judicial area. It should focus on specific
problems and therefore facilitate full application of the mutual recognition
principle. Judicial cooperation in criminal matters should be pursued as the
first area for evaluation. but other policy areas will have to follow such as respect
for asylum procedures in relevant legislation. Evaluation procedures should be
adapted to the policy area in question where necessary.
The
European Council invites the Commission to
evaluation mechanism based on the
well-established system of peer-evaluation. Evaluation should be carried out
periodically, include an efficient follow-up system, and should facilitate
better understanding of national systems in order to identify best practice and
obstacles to cooperation. Professionals should be able to contribute to the
evaluations. The Council should, in principle, have a leading role in the
evaluation process, and in particular its follow-up.
Duplication
with other evaluation mechanisms should be avoided, but synergies and
cooperation should be sought, in particular with the work of the Council of
Europe. The Union should take an active part in and contribute to the work of the
monitoring bodies of the Council of Europe.
1.2.6
Training
In order to foster a genuine European judicial and law enforcement culture,
it is essential to step up training on EU-related issues and make it systematically
accessible for all professions involved in the implementation of the Area of
freedom security and justice. This will include judges, prosecutors, judicial
staff, police and customs officers and border guards.
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.
Member States have the primary responsibility in this respect, but the
Union must give their efforts support and financial backing and also be able to
have its own mechanisms to supplement national efforts. The European Council considers that EU and international cooperation
aspects should be part of national curricula. For training of judges, prosecutors and judicial staff it is important to
safeguard judicial independence while at the same time the emphasis should be
placed on the European dimension for
professionals that use European instruments frequently. CEPOL and
Frontex should play a key role in training of law enforcement personnel and
border guards with a view to ensuring a European dimension in training. Training
of border guards and customs officers is of special importance with a view to
fostering a common approach to an integrated border management. Solutions at
European level could be sought, with a view to strengthening European Training
Schemes. E-learning programmes and common training materials must also be
developed to train professionals in the European mechanisms.
The European Council invites the
Commission to
1.2.7 Communication
The
achievements in the area of freedom, security and justice are generally of
great importance to citizens, businesses and professionals. The European Council
therefore calls on all Institutions, in particular the Commission as well as on the Member States,
to consider ways to better communicate to citizens and practitioners the
concrete results of the policy
in the area of freedom, security and justice. It asks the Commission to devise
a strategy on how best to explain
to citizens how they can benefit from the new tools and legal frameworks, for
instance through the use of E-Justice and the E-Justice Portal.
1.2.8
Dialogue with civil society
The European
Council encourages the Union's Institutions, within the framework of their
competences, to hold an open, transparent and regular dialogue with
representative associations and civil society. The Commission should put in place specific mechanisms,
such as the European Forum for Justice, to step up dialogue in areas where such
mechanisms are appropriate.
1.2.9
Financing
The European
Council emphasizes that the Stockholm Programme should be financed within the
headings and ceilings of the current financial framework. Many of the measures
and actions in the programme can be implemented through a more effective use of
existing instruments and funds. The
European
Council notes that the current financial perspectives expire at the end of 2013. It
underlines
its intention to reflect the goals of the Stockholm Programme. The programme
does not however prejudge the negotiations on the next financial perspective.
The European
Council also considers that procedures for application to the financing
programmes should, while taking account of the experience of Member States, be transparent,
flexible, coherent and streamlined and made more easily accessible to
administrations, established partners and practitioners through the active
dissemination of clear guidelines, a mechanism for identifying partners and
accurate programming. The European Council requests the Commission to examine
appropriate means of achieving that goal.
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 Unions 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.
1.2.10
Action Plan
In light of
the Stockholm Programme, the European Council invites the Commission to present
promptly an Action Plan in the first
6 months of 2010 to be
adopted by the Council. This Action Plan will translate the aims and priorities
of the Stockholm Programme into concrete actions with a clear timetable for
adoption and implementation. It should include a proposal for a timetable for
the transformation of instruments with a new legal basis.
1.2.11
Review of the Stockholm Programme
The European
Council invites the Commission to submit a mid-term review before June 2012 of the implementation of the Stockholm
Programme. Trio Presidency programmes and Commission legislative programmes
should be published as soon as possible so as to enable national Parliaments to
have early sight of proposals.
2. Promoting
citizens' rights: a Europe of rights
2.1 A Europe built on fundamental
rights
The European Union is based on common
values and respect for fundamental rights. After the
entry into force of the Lisbon Treaty, the rapid accession of the EU to the
European Convention on Human Rights is of key importance. This will reinforce
the obligation of the Union, including its institutions, to ensure that in all
its areas of activity, fundamental
rights are actively promoted. The case law of the Court of Justice of
the European Union and the European Court of Human Rights will be able to continue
to develop in step, reinforcing the creation of a uniform European fundamental
and human rights system based on the European Convention and those set out in the
Charter of Fundamental Rights,
The European
Council invites
the Commission to submit
a proposal on the accession of the EU to the European Convention on Human
Rights as a matter of urgency,
the EU
Institutions and the Member States to ensure that legal initiatives are and
remain consistent with fundamental rights throughout the legislative process by
way of strengthening the application of the methodology for a systematic and
rigorous monitoring of compliance with the Convention and the rights set out in
the Charter of Fundamental Rights.
The European
Council invites the EU institutions to
make full use of the expertise of the European Union Agency for Fundamental Rights and to consult, where appropriate, with the Agency, in line with its mandate, on the development of policies and legislation with implications for fundamental rights, and to use it for the communication to citizens of human rights issues affecting them in their everyday life,
pursue the EUs efforts to bring about the abolition of the death penalty, torture and other inhuman and degrading treatment,
continue to support and promote Union and Member States activity against impunity and to fight against crimes of genocide, crimes against humanity and war crimes; in that context, promote cooperation between the Member States, third countries and the international
tribunals
in this field, and in particular the International Criminal Court, and develop
exchange of judicial information and best practices in relation with the
prosecution of such crimes through the European Network of Contact Points in
respect of persons responsible for genocide, crimes against humanity and war
crimes.
The Union is an area of shared values, values which are incompatible with crimes against humanity, genocide and war crimes, including crimes committed by totalitarian regimes. Each Member State has its own approach to this issue but, in the interests of reconciliation, the memory of those crimes must be a collective memory, shared and promoted, where possible, by us all. The Union must play the role of facilitator.
The European Council invites the Commission
to examine and to report to the Council in 2010 whether there is a need for additional proposals covering publicly condoning, denying or grossly trivializing crimes of genocide, crimes against humanity and war crimes directed against a group of persons defined by reference to criteria other than race, colour, religion, descent or national or ethnic origin, such as social status or political convictions.
The right to free movement of citizens and their
family members within the European Union is one of the fundamental principles
on which the Union is based and one of the fundamental freedoms of European
citizenship. Citizens of the Union have the right to move and reside freely
within the territory of the Member States, the right to vote and stand as
candidates in elections to the European Parliament and in municipal elections
in their member State of residence, protection of diplomatic and consular
authorities of other Member States etc. When exercising their rights, citizens
are ensured equal treatment to nationals under the conditions set by Union law
The effective implementation of relevant European legislation is therefore a
priority.
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.
European citizens must be assisted in administrative and legal
procedures they are faced with when exercising the right to free movement. Within
the framework of the Treaty, obstacles restricting that right in everyday life should
be removed.
The European Council invites the Commission to
monitor the implementation
and application of these rules in order to guarantee the right to free movement.
Obtaining a right of residence
under Union law for EU citizens and their family members is an advantage
inherent in the exercise of the right of free movement. The purpose of that
right is however not to circumvent immigration rules. Freedom of movement not
only entails rights but also imposes obligations on those that benefit from it;
abuses and fraud should be avoided. Member
States should further safeguard and protect the right of free movement by
working together, and with the Commission, to combat actions of a criminal
nature with forceful and proportionate measures, with due regard to the
applicable law.
The European Council therefore further invites
the Commission to
monitor the implementation and application of
these rules to avoid abuse and fraud,
examine how best to exchange information, inter
alia, on residence permits and documentation and how to assist Member States
authorities to tackle abuse of this fundamental right effectively.
With this aim in mind, Member States should also
closely monitor the full and
correct implementation of the existing acquis and tackle possible abuse and
fraud of the right of free movement of persons and exchange information and
statistics on such abuse and fraud. If systematic trends in abuse and fraud of
the right to free movement are identified, Member States should report such
trends to the Commission, which will suggest to the Council how these trends might be addressed through the most
appropriate means.
2.3 Living
together in an area that respects diversity and protects the most vulnerable
Since diversity enriches the Union, the EU and its Member
States must provide a safe environment where differences are respected and the
most vulnerable protected. Measures to tackle discrimination, racism,
anti-semitism, xenophobia and homophobia must be vigorously pursued.
2.3.1 Racism and
xenophobia
The European Council invites the Commission to
report during the
period of the Stockholm Programme on the transposition of the 2008 Framework
Decision on racism and xenophobia by 28 November 2013, and, if appropriate, to
make proposals for amending it,
make full use of
the existing instruments, in particular the financing programmes to combat
racism and xenophobia.
The Member States should implement the
Framework Decision as soon as possible and at the latest by 28 November 2010.
2.3.2 Rights of
the child
The rights of the child – i.e. the principle of the best interest of the child being the child's right to life, survival and development, non-discrimination and respect for the childrens right to express their opinion and be genuinely heard in all matters concerning them according to their age and level of development as proclaimed in the Charter and the United Nations Convention on the Rights of the Child, concern all EU policies. They must be systematically and strategically taken into account with a view to ensuring an integrated approach. The Commission Communication Towards an EU Strategy on the rights of the child (2006) reflect important considerations in this regard. An ambitious EU strategy on the rights of the child should be developed.
The European Council calls upon the Commission to
special attention, notably children that are victims of sexual exploitation and abuse as well as children that are victims of trafficking and unaccompanied minors in the context of immigration policy.
As regards parental child abduction, apart from effectively implementing existing legal instruments in this area, the possibility to use family mediation at international level should be explored, while taking account of good practices in the member states. The Union should continue to develop criminal child abduction alert mechanisms, by promoting cooperation between national authorities and interoperability of systems.
2.3.3 Vulnerable
groups
All forms of discrimination remain unacceptable. The EU and
the Member States must make a concerted effort to fully integrate vulnerable
groups, in particular the Roma community, into society by promoting their
inclusion in the education system and labour market and by taking action to
prevent violence against them. For this purpose, Member States should ensure
that the existing legislation is properly applied to tackle potential discrimination.
The EU will offer practical support and promote best practice to help Member
States achieve this. Civil society will have a special role to play.
Vulnerable
groups in particularly exposed situations, such as women victim of violence or
of genital mutilation or persons who are harmed in a Member State of which they
are not nationals or residents, are in need of greater protection, including
legal protection. Appropriate financial support will
be provided, through the available financing programmes.
The need for additional proposals as regards vulnerable adults should be assessed in the light of the experience acquired from the application of the 2000 Hague Convention on the International Protection of Adults by the Member States which are parties or which will become parties in the future. The Member States are encouraged to join the Convention as soon as possible.
2.3.4 Victims
of crime, including terrorism
Those who are most vulnerable or who find themselves in particularly
exposed situations, such as persons subjected to repeated violence in close
relationships, victims of gender based violence, or persons who fall victim to
other types of crimes in a Member State of which they are not nationals or
residents, are in need of special support and legal protection. Victims of
terrorism also need special attention, support and social recognition. An
integrated and coordinated approach to victims is needed, in line with the
Council conclusions on a strategy to ensure fulfilment of the rights of, and
improve support for, persons who fall victims of crime.
The European Council calls on the Commission and the Member
States to
examine how to
improve legislation and practical support measures for protection of victims
and to improve implementation of
existing instruments,
offer better
support to victims otherwise, possibly through existing European networks that
provide practical help and put forward proposals to that end,
examine the
opportunity of making one comprehensive legal instrument on the protection of
victims, by joining together the Directive on compensation to victims and the
Framework Decision on victims, on the basis of an evaluation of the two
instruments.
Increased use of the financing programmes should be made in
accordance with their respective legal frameworks.
2.4 Rights
of the individual in criminal proceedings
The protection of the rights of suspected and accused persons in criminal proceedings is a fundamental value of the Union, which is essential in order to maintain mutual trust between the Member States and public confidence in the European Union. The European Council therefore welcomes the adoption by the Council of the Roadmap for strengthening procedural rights of suspected and accused persons in criminal proceedings, which will strengthen the rights of the individual in criminal proceedings when fully implemented. That Roadmap will henceforth form part of the Stockholm Programme.
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 other issues, for instance the
presumption of innocence needs to be addressed, to promote better cooperation
in this area.
2.5 Protecting
citizens rights in the information society
When it comes to assessing the individuals privacy in the area of freedom, security and justice, the right to freedom is overarching. The right to privacy and the right to the protection of personal data are set out in the Charter of Fundamental Rights. The Union must therefore respond to the challenge posed by the increasing exchange of personal data and the need to ensure the protection of privacy. The Union must secure a comprehensive strategy to protect data within the EU and in its relations with other countries. In that context, it should promote the application of the principles set out in relevant EU instruments on data protection and the 1981 Council of Europe Convention on data protection as well as promoting accession to that convention. It must also foresee and regulate the circumstances in which interference by public authorities with the exercise of these rights is justified and also apply data protection principles in the private sphere.
The Union must address the necessity for increased exchange
of personal data whilst ensuring the utmost respect for the protection of
privacy. The European Council is convinced that the technological developments
not only present new challenges to the protection of personal data, but also
offer new possibilities to better protect personal data.
Basic principles such as purpose limitation,
proportionality, legitimacy of processing, limits on storage time, security and
confidentiality as well as respect for the rights of the individual, control by
national independent supervisory authorities, and access to effective judicial
redress need to be ensured and a comprehensive protection scheme must be
established. These issues are also dealt with in the context of the EU
Information Management Strategy set out in Chapter 4.
The European Council invites the Commission to:
evaluate the
functioning of the various instruments on data protection and present, where
necessary, further legislative and non-legislative initiatives to maintain the
effective application of the above principles,
propose a recommendation for the negotiation of
a data protection and, where necessary, data sharing agreements for law
enforcement purposes with the United States of America, building on the work
carried out by the EU-US High Level Contact Group on data protection,
consider core
elements for data protection agreements with third states for law enforcement
purposes, which may include, where necessary, privately held data, based on a
high level of data protection,
improve compliance
with the principles of data protection through the development of appropriate
new technologies, improving cooperation between the public and private sector,
particularly in the field of research,
examine the
introduction of a European certification scheme for "privacy-aware"
technologies, products and services,
conduct
information campaigns, in particular to raise awareness among the public.
On a broader front, the Union must be a driving force
behind the development and promotion of international standards for personal
data protection, based on relevant EU instruments on data protection and the
1981 Council of Europe Convention, and in the conclusion of appropriate
bilateral or multilateral instruments.
2.6 Participation in the
democratic life of the Union
The European Council recalls that transparency of decision-making, access to documents and good administration contribute to citizens participation in the democratic life of the Union. Furthermore, the European Citizens Initiative introduced by Article 11 TEU will create a new mechanism for civic participation. It should be realized rapidly.
The European Council invites the Commission to
With a view
to the European elections in 2014, careful consideration should be given to how
to encourage citizens to vote. Voter turnout has diminished by 20 % since 1979
while at the same time the powers of the European Parliament as co-legislator
has increased considerably. Measures such as making it easier to register on
the electoral roll should be explored.
In addition, the
European Council invites the Commission, before December 2012, to
report to the
European Council on national practices and traditions on elections to the
European Parliament, and propose, on the basis of the report, how to achieve a
common election day for elections to the European Parliament. In the light of
that report, the European Council will consider how to take this issue forward.
A Union citizen travelling to or living in a non-EU country where his or her Member State is not represented is entitled to protection by the diplomatic and consular authorities of any Member State under the same conditions as the nationals of that State. This right, enshrined in the Treaties, is not well publicised, and more effort is needed to ensure its full application. Targeted communication campaigns could be conducted in connection with this right.
The European Council invites the Commission to:
The European
Council declared at its meeting in Tampere in 1999 that enhanced mutual
recognition of judicial decisions and judgements and the necessary
approximation of legislation would facilitate
co-operation
between authorities and the judicial protection of individual rights and that
the principle
of mutual
recognition should be the cornerstone of judicial cooperation in both civil and
criminal matters. This principle is now expressed in the Treaty.
In the Hague
Programme, adopted in 2004, the European Council noted that in order for the
principle of mutual recognition to become effective, mutual trust needed to be
strengthened by progressively developing a European judicial culture based on
the diversity of legal systems and unity through European law. The judicial systems of the Member States should be able
to work together coherently and effectively in accordance with their national
legal traditions.
The EU should
continue to enhance mutual trust in the legal systems of the Member States by
establishing minimum rights as necessary for the development of the principle
of mutual recognition and by establishing minimum rules concerning the
definition of criminal offences and sanctions as defined by the Treaty. The European judicial area must also allow citizens to
assert their rights anywhere in the Union by significantly raising overall
awareness of rights and by facilitating their access to justice.
In
this respect, the European Council emphasizes the horizontal importance of
e-Justice, which is not confined to specific areas of law. It should be
integrated into all areas of civil, criminal and administrative law in order to
ensure better access to justice and strengthened cooperation between
administrative and judicial authorities.
3.1 Furthering the implementation
of mutual recognition
The
European Council notes with satisfaction that considerable progress has been
achieved in implementing the two programmes on mutual recognition adopted by
the Council in 2000 and emphasizes that the Member States should take all
necessary measures to transpose at national level the rules agreed at European
level. In this context the European Council emphasizes the need to evaluate the
implementation of these measures and to continue the work on mutual recognition.
3.1.1 Criminal law
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.
Mutual recognition could extend to all types of judgments and decisions of a judicial nature, which may, depending on the legal system, be either criminal or administrative.
Victims of crime or witnesses who are at risk can be offered special protection measures which should be effective within the Union.
The European
Council considers that the setting up of a comprehensive system for obtaining
evidence in cases with a cross-border dimension, based on the principle of
mutual recognition, should be further pursued. The existing instruments in this
area constitute a fragmentary regime. A new approach is needed, based on the
principle of mutual recognition but also taking into account the flexibility of
the traditional system of mutual legal assistance. This new model could have a
broader scope and should cover as many types of evidence as possible, taking
account of the measures concerned.
The European
Council invites the Commission to
propose a comprehensive system, after an impact assessment, to
replace all the existing instruments in this area, including the Framework
Decision on the European Evidence Warrant, covering as far as possible all
types of evidence and containing deadlines for enforcement and limiting as far
as possible the grounds for refusal,
explore whether there are other means to facilitate admissibility
of evidence in this area,
explore whether certain investigative measures could be
executed by law enforcement or judicial authorities of the requesting/issuing Member
State in liaison and agreement with the authorities of the executing state in
accordance with Article 89 TFUE, and, where appropriate, make necessary
proposals,
explore if and how authorities of one Member State could
obtain information rapidly from private or public entities of another Member
State without use of coercive measures or by using judicial authorities of the
other State,
explore the results of the evaluation of the European Arrest
Warrant, and, where appropriate, make proposals to increase efficiency and
legal protection for individuals in the process of surrender, by adopting a
step-by-step approach to other instruments on mutual recognition,
prepare a comprehensive study on existing legal and
administrative obstacles to cross-border enforcement of penalties and
administrative decisions for road traffic offences, and to present, where
necessary, further legislative and non-legislative initiatives to improve road
safety in the Union.
The Union should
aim for the systematic exchange of information and, as a long term goal, mutual
recognition of judgments imposing certain types of disqualification.
The European
Council invites the Commission to
study the use of disqualification in the Member States and
propose to the Council a programme of measures, including exchange of
information on certain types of disqualifications and, by adopting a long term step-by-step
approach, which accords priority to cases where disqualification is most likely
to affect personal safety or business life.
In the field
of judicial cooperation, the European Council emphasizes the need for Member
States and Eurojust to implement thoroughly the Council
Decision 2009/426 of 16 December 2008, which, together with the Lisbon Treaty,
offers an opportunity for the further development of EUROJUST in the coming
years, including in relation to initiation of investigations and resolving conflicts
of competence. On the basis of an assessment of the implementation of this
instrument, new possibilities could be considered in accordance with the
relevant provisions of the Treaty, including giving further powers to the
Eurojust national member, reinforcement of the powers of the Eurojust College
or the setting-up of a European Public Prosecutor.
3.1.2
Civil law
As
regards civil matters, the European Council considers that the process of
abolishing all intermediate measures (the exequatur), should be continued
during the period covered by the Stockholm Programme. At the same time the
abolition of the exequatur will also be accompanied by a series of safeguards,
which may be measures in respect of procedural law as well as of conflict-of-law
rules.
Mutual
recognition should, moreover, be extended to fields that are not yet covered
but essential to everyday life, e.g. succession and wills, matrimonial property
rights and the property consequences of the separation of couples, while taking
into consideration Member States' legal systems, including public policy, and national
traditions in this area.
The
European Council considers that the process of harmonising conflict-of-law
rules at Union level should also continue in areas where it is necessary, like
separation and divorces. It could also include the area of company law, insurance
contracts and security interests.
The
European Council also highlights the importance of starting work on consolidation
of the instruments adopted so far in the area of judicial cooperation in civil
matters. First and foremost the consistency of Union legislation should be
enhanced by streamlining the existing instruments. The aim should be to ensure
the coherence and user-friendliness of the instruments, thus ensuring a more
efficient and uniform application thereof.
The
European Council invites the Commission to
assess which safeguards are needed to accompany
the abolition of exequatur and how these could be streamlined,
assess whether there are grounds for consolidation
and simplification in order to improve the consistency of existing Union
legislation,
follow up on the recent study on the possible problems encountered with regard to
civil status documents and access to registers of such documents.
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.
3.2 Strengthening mutual trust
One of the
consequences of mutual recognition is that rulings made at national level have
an impact in other Member States, in particular in their judicial systems.
Measures aimed at strengthening mutual trust are therefore necessary in order
to take full advantage of these developments.
The
Union should support Member States' efforts to improve the efficiency of their
judicial systems by encouraging exchanges of best practice and the development
of innovative projects relating to the modernisation of justice.
3.2.1 Training
Training of judges (including
administrative courts), prosecutors and other judicial staff is essential to
strengthen mutual trust; see also Chapter 1.2.6. The Union should continue to
support and strengthen measures to increase training in line with Articles 81
and 82 TFUE.
3.2.2 Developing networks
The European Council considers that contacts
between senior officials of the Member States in areas covered by Justice and
Home Affairs are valuable and should be promoted by the Union in so far as
possible. Such areas could be, depending on national structures, senior police
chiefs or prosecutors, heads of training institutes, heads of prison
administrations, general directors of customs administration. Where
appropriate, these networks should also be informed of the work of the Internal
Security Committee, or be able to take part in the development of the Organised
Crime Threat Assessment and other strategic tools of the Union. Such networks
should primarily meet using existing structures such as Europol, Eurojust and
Frontex or at the invitation of the Presidency as host country. Other Networks
of professionals existing in this area should also continue to receive Union
support. Among those are the European Network of the Councils of the Judiciary
and the Network of the Presidents of the Supreme Judicial Courts.
3.2.3 Evaluation
As in other
areas, the development of mutual recognition in the judicial sphere must go
hand in hand with improvements in evaluation, both ex-ante and ex-post; see
also Chapter 1.2.5.
3.2.4
Improving the tools
The
European Council calls for the enhancement of the operational capabilities of and
tools for judges, prosecutors and all other actors involved in the field of justice.
To that end, the European Council calls for the more active involvement of
Eurojust and the European Judicial Networks in civil and criminal law to
participate in improving cooperation and the effective application of EU law by
all practitioners. Work should continue on improving the electronic tools that
have so far been developed and the necessary resources should be provided for
pursuing this work.
3.2.5
Implementation
A priority of
the Union should be the implementation of decisions which have already been
taken. This should be done in several ways: by accompanying the implementation
of Union legislation more closely, through the better use of the financing
instruments, by increasing the training of judges and other professionals and
by enhancing evaluation mechanisms and practical measures.
Without
prejudice to the role of the Commission and the Court of Justice, implementation
is primarily a matter
for the Member States, but as mutual recognition instruments are common tools,
the Union should better accompany implementation of them by enabling the sharing
of experiences and best practices.
The European Council
invites the Commission to
ensure the sharing of information by way of developing
handbooks or national facts sheets together with experts in civil and criminal
law and Member States, on the use of mutual recognition instruments, in the
same manner as what has been done for the European Arrest Warrant. The aim
should be to have a handbook or national fact sheet for each of the instruments
that have been adopted so far at the end of the five-year period.
The European
Council also considers that all modern means of electronic communication should
be used to the full, and that the judicial authorities as soon as possible should
be given means for secure electronic communications to enable safe
correspondence. The Union should also put an emphasis on videoconferencing and
on assisting the development of translation tools in order to make them as
accurate as possible. These developments should be accompanied by and form part
of the implementation of the e-justice action plan. In addition, measures
should be taken to enhance cooperation, while taking full account of data
protection rules, between competent authorities so as to detect addresses where
persons live as their habitual residence, in connection with service of
documents.
3.2.6. Detention
The European
Council considers that efforts should be undertaken to strengthen mutual trust
and render more efficient the principle of mutual recognition in the area of
detention. Efforts to promote the exchange of best practices should be pursued
and implementation of the European Prison Rules, approved by the Council of
Europe, supported. Issues such as alternatives to imprisonment, pilot projects
on detention and best practices in prison management could also be addressed.
The European Commission is invited to reflect on this issue further within the
possibilities offered by the Lisbon Treaty.
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.
3.3.1 Criminal
law
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.
The European
Council invites the Commission to
examine whether the level of approximation is sufficient in
relation to the adopted framework decisions and report on the need to establish
common definitions and penalties and to consider submitting new legislative
proposals where further approximation is needed.
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 on
this issue. One of the issues may be the necessity and feasibility of
approximation or definition of offence for which double criminality does not apply.
Criminal law
provisions should be introduced when they are considered essential in order for
the interests to be protected and, as a rule, be used only as a last resort.
Minimum rules
with regard to the definition of criminal offences and sanctions may also be
established when the approximation of criminal laws and regulations of the
Member States proves essential to ensure the effective implementation of a
Union policy which has been subject to harmonisation measures.
The
European Council stresses the importance of the coherence of criminal law
provisions in the various EU instruments and invites the Council to
implement the work on model standard provisions
in criminal law and the Council and the Commission to continue to reflect,
together with the European Parliament, on how to improve the coherence of
criminal law provisions in various EU instruments,
and the Commission to
examine the possibilities of using the existing
programmes to finance pilot schemes in the Member States testing alternatives
to imprisonment.
3.3.2 Civil law
The
abolition of exequatur will be accompanied by a series of safeguards,
especially regarding judgments taken by default, which may be measures in
respect of procedural law as well as of conflict of law rules (e.g. the right
to be heard, the servicing of documents, time required for providing opinions,
etc). The main policy
objective in the area of civil procedural law is that borders between countries
in the European Union should not constitute an obstacle either to the
settlement of civil law matters or to initiating court
proceedings, or to the enforcement of decisions in civil matters. With the
Tampere conclusions and the Hague programme, major steps have been taken to
reach this goal. However, the European Council notes that the effectiveness of Union
instruments in this field still needs to be improved.
The
European Council invites the Commission
as a first step, to submit a report on the
functioning of the present EU regime on civil procedural law across borders,
and on the basis of that report put forward a proposal aimed at improving the
consistency of existing Union legislation,
to assess, also in the course of upcoming
reviews of existing Regulations, the need to establish common minimum standards
or standard rules of civil procedure for the cross-border execution of
judgments and decisions on matters such as the service of documents, the taking
of evidence, review procedures and enforcement, minimum standards in relation
to the recognition of decisions on parental responsibility and, where
appropriate, submit proposals on the issues,
to continue the work on common conflict-of-law
rules, where necessary.
3.4 The
benefits for citizens of a European judicial area
3.4.1
Providing easier access to justice
Access
to justice in the European judicial area must be made easier, particularly in
cross-border proceedings. At the same time, efforts must continue to improve alternative
methods of settling disputes, particularly in consumer law. Action is needed to
help people overcome the language barriers that obstruct their access to
justice.
The
European Council considers that e-Justice presents an excellent opportunity to
provide easier access to justice. The European e-Justice action plan, adopted at
the end of November 2008, sets the framework for developing European e-Justice
activities until the end of 2013. The European e-Justice portal will be a way
of keeping people better informed of their rights and giving them access to a
range of information and services on the various judicial systems. Better use
should be made of videoconferencing, for example to spare victims the effort of
needless travel and the stress of participating in court proceedings.In
accordance with data protection rules, some national registers will be
gradually interconnected (e.g. registers on insolvency, interpreters,
translators and wills). Some existing databases may also be partially
integrated into the portal (e.g. the European Business Register and the
European Land Information Service). In the medium term, some European and national
cross-border procedures could be dealt with on-line (e.g. the European payment
order, the European small claims procedure and mediation). Furthermore, the use
of electronic signatures should be promoted within the framework of the
e-justice project.
The
European Council invites the Council, the Commission and the Member States to
create effective conditions to enable the
parties to communicate with courts by electronic means in the context of legal
proceedings. For that purpose, dynamic forms should be made available through
the e-Justice portal as regards certain European procedures, such as the
European order for payment procedure and the European small claims procedure.
During this phase, electronic communication between judicial authorities should
be improved decisively in the area of the application of e-Justice.
The European Council further encourages the EU
institutions and the Member States to
devote efforts to the full implementation of the
e-Justice action plan. In that context, the European Commission is invited to
put forward proposals within the framework of the financial perspectives for an
adequate funding of e-Justice projects and in particular horizontal large-scale
IT projects.
Certain formalities for the legalisation of documents also represent an obstacle or an excessive burden. Given the possibilities offered by the use of new technologies, including digital signatures, the EU should consider abolishing all formalities for the legalisation of documents between Member States. Where appropriate, thought should be given to the possibility of creating, in the long term, authentic European documents.
The European Council invites the Commission to
3.4.2 Supporting economic
activity
The European judicial area should serve to support economic activity in the single market.
The European Council invites the
Commission to
assess the need for, and the feasibility of, providing for certain provisional, including protective, measures at Union level, to prevent e.g. the disappearance of assets before the enforcement of a claim,
When devising measures of this kind, account should be
taken on the impact they will have on the right to privacy and the right to the
protection of citizens personal data.
The European Council reaffirms that the common frame of
reference for European contract law should be a non-binding set of fundamental
principles, definitions and model rules to be used by the lawmakers at Union
level to ensure greater coherence and quality in the lawmaking process. The
Commission is invited to submit a proposal on a common frame of reference.
The current financial crisis has brought home the need to
regulate financial markets and to prevent abuse. There is also a need to study
further measures regarding business law, and to create a clear regulatory
environment allowing small and medium business enterprises in particular to
take full advantage of the internal market so that they can grow and operate
across borders as they do in their domestic market. There is a need to explore
whether common rules determining the law applicable to matters of company law,
rules on insolvency for banks and transfer of claims could be devised. The
issue of contractual law also needs to be examined further. The European
Council invites the Commission to
3.5.1
Civil law
The European Council considers that clearly defining EU
external interests and priorities in the area of judicial cooperation in civil
matters is very important with a view to interacting with third countries in a
secure legal environment.
The Lugano Convention is open to the accession of other
States and it should be assessed, in cooperation with the other Contracting
Parties, which third countries could be encouraged to accede to it.
The Union should use its membership of The Hague Conference
to actively promote the widest possible accession to the most relevant
Conventions and to offer as much assistance as possible to other States with a
view to the proper implementation of the instruments. The European Council
invites the Council, the Commission and the Member States to encourage all
partner countries to accede to those Conventions which are of particular
interest to the Union.
In cases where no legal framework is in place for relations
between the EU and partner countries, and where the development of new
multilateral cooperation is not possible from the Unions standpoint, the
option of bilateral agreements should be explored, on a case-by-case basis.
The European Council invites the Council and the Commission
to
define a strategy
in the area of civil law matters for the coming years which is coherent with
overall EU external policy.
3.5.2 Criminal
law
As regards the criminal law field, it will be
necessary to identify priorities for the negotiations of mutual assistance and
extradition agreements. The Union should actively promote the widest possible
accession of the partner countries to the most relevant and functioning Conventions
and to offer as much assistance as possible to other States with a view to the
proper implementation of the instruments. The Institutions
should ensure, to the furthest extent possible, coherence between the EU and
the international legal order. Where possible, synergy with the Council of
Europe work should be considered.
The European Council calls upon the Commission, the Council
and the European Parliament where appropriate to:
develop a policy aimed at the establishment
of agreements on international judicial cooperation with third countries of
interest or within international organisations. In particular, the following
criteria should be taken into account when deciding on the priority countries: strategic
relationship, whether bilateral agreements already exist, whether the country
in question adheres to Human Rights principles, whether the country concerned
cooperates with the EU in general and its Member States, and priorities of law
enforcement and judicial cooperation,
sponsor
exchanges of best practice and the pooling of experience with non-member countries
and, in particular with regard to enlargement countries, make full use of the
instruments the Union has at its disposal to promote judicial reform and
strengthen the rule of law, such as twinning schemes and peer reviews, also in
cooperation with the Council of Europe,
offer
steady support to the justice systems in partner countries in order to promote
the rule of law throughout the world,
continue to promote the Rome Statute
principle of complementarity and compliance with Rome Statute obligations.
The European Council
further invites the Commission to
submit to the Council in
2010 a list of countries that have requested to conclude agreements on mutual
legal assistance and extradition with the Union as well as an assessment, based
on the above mentioned principles of the appropriateness and urgency of
concluding such agreements with these or other countries.
4.1 Internal Security Strategy
The European Council is convinced that the enhancement of actions at European level, combined with better coordination with actions at regional and national levels, are essential to protection from trans-national threats. Terrorism and organised crime, drug trafficking, corruption, trafficking in human beings, smuggling of persons and trafficking in arms, among others, continue to challenge the internal security of the EU. Cross-border widespread crime has become an urgent challenge which requires a clear and comprehensive response. Action of the Union will enhance the work carried out by Member States competent authorities and improve the outcome of their work.
The European Council calls upon the Council and the Commission to
define a comprehensive EU internal security strategy based, in particular, on the following principles:
- clarity
on the division of tasks between the EU and the Member States, reflecting a
shared vision of today's challenges,
- respect
for fundamental rights, international protection and the rule of law,
- solidarity
between Member States,
- reflection of a proactive and intelligence-led approach,
- the need for a horizontal and cross-cutting approach in order to be able to deal with complex crises or natural or man-made disasters,
- stringent
cooperation between EU agencies, including further improving their information exchange,
- a
focus on implementation and streamlining as well as the improvement of
preventive action,
- the use of regional initiatives and regional cooperation,
- the aim of making citizens aware of the importance of the Unions work to protect them.
Developing, monitoring and implementing the internal security strategy should become one of the priority tasks of the Internal Security Committee (COSI) set up under Article 71 TFEU. In order to ensure the effective enforcement of the internal security strategy, it shall also cover security aspects of an integrated border management and, where appropriate, judicial cooperation in criminal matters relevant to operational cooperation in the field of internal security.
The internal security strategy should also take into account the external security strategy developed by the EU as well as other EU policies, in particular those concerning the internal market. Account should also be taken of the impact it may have on relations with the EU's neighbourhood and particularly with the candidate and potential candidate countries, since internal security is interlinked with the external dimension of the threats. In a global world, crime knows no borders. As the policies followed in the fields of justice and home affairs gradually reach maturity, they should support each other and grow in consistency. In the years to come they should fit smoothly together with the other policies of the Union.
The European Council asks the Commission
4.2 Upgrading the tools for the
job
Security in
the EU requires an integrated approach where security professionals share a
common culture, pool information as effectively as possible and have the right
technological infrastructure to support them.
4.2.1 Forging a
common culture
The European Council stresses the need to enhance mutual trust between all the professionals concerned at national and EU level. A genuine European law enforcement culture should be developed through exchange of experiences and good practice as well as the organisation of joint training courses and exercises in line with Chapter 1.2.6.
The European
Council encourages Member States to devise mechanisms that gives incentives to professionals for taking
up duties related to cross-border cooperation and thereby favour the creation
of an EU-wide response at all levels.
4.2.2
Managing the flow of information
The European Council notes with satisfaction that developments over the past years in the EU have led to a wide choice and created an extensive toolbox for collecting, processing and sharing information between national authorities and other European players in the area of freedom, security and justice. The principle of availability will continue to give important impetus to this work.
The European Council acknowledges the need for coherence and
consolidation in developing information management and exchange and invites the
Council and the Commission to
implement an EU Information Management Strategy[3], which includes a strong data protection regime. Development must be coherent with the priorities set for the area of freedom, security and justice and the internal security strategy, supporting the business vision for law enforcement, judicial cooperation, border management and public protection.
In
this context, the European Council invites the Commission to
The EU information management strategy is based on
- business-driven development (a development of information exchange and its tools that is driven by law enforcement needs,
- a strong data protection regime consistent with the strategy for protection of personal data as set out in Chapter 2 of this Programme,
- a well targeted data collection, both to protect fundamental rights of citizens and to avoid an information overflow for the competent authorities,
- guiding principles for a policy on the exchange of information with third States for law enforcement purposes,
- interoperability of IT systems ensuring full conformity with data protection and data security principles when developing such systems,
- a rationalisation of the different tools, including the adoption of a business plan for large IT systems,
- overall coordination, convergence and coherence.
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.
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
4.2.3 Mobilising the
necessary technological tools
The European
Council, while ensuring consistency with the strategy for protection of
personal data in Chapter 2, stresses the need for new technologies to keep pace with and promote the current trends towards mobility, while
ensuring that people are safe, secure and free.
The European Council invites the Council, the Commission, the
European Parliament where appropriate and the Member States to
draw up and implement policies to ensure a high level of network and
information security throughout the European Union and improve measures aimed
at protection, security preparedness and resilience of critical infrastructure,
including Information and Communication Technology (ICT) and services
infrastructure,
promote legislation that ensures a very high level of network security and allows faster reactions in the event of cyber-attacks.
The European Council also invites the Council and the
Commission to
The European Council invites
the Commission to propose, in addition to ECRIS, a register of third-country nationals who have been convicted by the courts of the Member States.
The European Council recalls the need for ensuring consistency with the strategy for the protection of personal data and the business plan for setting up large scale IT systems in Chapter 2 of the Programme, and calls on the Commission to:
make a feasibility study on the need for, and the added value of, setting up a European Police Records Index system (EPRIS) and to make a report to the Council in the course of 2012 on the issue,
to reflect on how to further
develop the use of existing databases for law enforcement purposes, while fully
respecting data protection rules, so as to make full use of new technologies
with a view to protecting the citizens,
examine how best to promote that Member States competent
authorities can exchange information on travelling violent offenders including those attending
sporting events or large public gatherings.
4.3 Effective
policies
4.3.1 More
effective European law enforcement
cooperation
The prime objective of EU law enforcement cooperation is to combat forms of crime that are typically cross-border in their dimension. Focus should not only be placed on combating terrorism and organised crime but also cross-border wide-spread crime that have a significant impact on the daily life of the citizens of the EU. Europol should become a hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services.
The European Council encourages Member States competent authorities to use the investigative tool of Joint Investigative Teams as much as possible in appropriate cases. Europol and Eurojust should be systematically involved in major cross-border operations and informed when joint investigative teams are set up. The model agreement for setting up JITs should be updated. Europol and Eurojust should step up their cooperation further. Eurojust should ensure that its work is followed up at judicial level. Europol and Eurojust should expand their work with third countries especially by forging closer links with the regions and countries neighbouring the Union; Europol should work more closely with European Security and Defence Policy (ESDP) police missions and help promote standards and good practice for European law enforcement cooperation in countries outside the EU. Cooperation with Interpol should be stepped up with a view to creating synergies and avoiding duplication.
The European Council invites the
Commission, and, where appropriate, the Council and the High Representative, to
examine how it could be ensured that Europol receives information from Member States law enforcement authorities so that the Member States can make full use of Europol capacities,
examine how operational police cooperation could be stepped up, e. g. as regards incompatibility of communication systems and other equipment, use of undercover agents, and, where necessary, draw operational conclusions to that end,
issue as soon as possible a reflection document on how best to ensure that the activites of Europol may be scrutinised and evaluated by the European Parliament, together with national parliaments in line with Articles 85 and 88 TFUE,
consider developing a Police Cooperation Code which would consolidate existing instruments and, where necessary, amend and simplify them,
make a proposal to the Council and the European Parliament to adopt a decision on the modalities of cooperation, including on exchange of information between EU agencies, in particular Europol, Eurojust and Frontex, which ensures data protection and security,
propose measures on how EU agencies in this area could conclude operational arrangements between themselves and how they should develop their participation in regional initiatives conducted by Member States and in regional bodies that further law enforcement cooperation,
agree on common quality standards within the forensic field, inter alia to develop best practice for crime scene investigations,
examine whether there are obstacles to cooperation between ESDP police missions and Europol and make appropriate proposals to eliminate such obstacles.
Pilot projects in cross-border regional cooperation dealing with joint operational activities and/or cross-border risk assessments, such as Joint Police and Customs Centres, should be promoted by the Union, inter alia through financing programmes.
The development of ad hoc law enforcement cooperation at sporting events or large public gatherings (e.g. the 2012 Olympics, Euro 2012) should be implemented.
4.3.2 More effective
crime prevention
The best way to reduce the level of crime is to take effective measures to
prevent them from ever occurring, including promoting social inclusion, by using
a multidisciplinary approach which also includes taking administrative measures
and promoting cooperation between administrative authorities, European citizens
have similar experiences and are affected in similar ways by crime and related
insecurity in their everyday lives.
The awareness of the links between local crime and organised crime and its
complex cross-border dimensions is increasing. Member States have developed
different methods to prevent crime and should be encouraged to share
experiences and best practice and, in so doing, add to general knowledge and
its respective effectiveness and efficiency, thereby avoiding the duplication
of work.
In addition, the cross-border dimension underlines the importance of enhancing
and developing knowledge at European level on how crime and criminality in the
Member States is interconnected, to support Member States when taking
individual or joint action, and to call for action by EU institutions when
deemed necessary. With the Lisbon Treaty, cooperation within the area of crime
prevention will be further recognized with a new legal basis.
The European Council invites Member States and the Commission to actively
promote and support crime
prevention measures focusing on prevention of mass criminality and cross-border
crime affecting the daily life of our citizens in accordance with Article 84
TFEU.
The European Council invites the Commission to submit a proposal building
on the evaluation of the work carried out within the European Union Crime
Prevention Network with a view to
setting up an Observatory for the Prevention of Crime (OPC), the tasks of which
will be to collect, analyse and disseminate knowledge on crime, including
organised crime (including statistics) and crime prevention, to support and
promote Member States and EU institutions when they take preventive measures
and to exchange best practice. The OPC should build on the work carried out within
the framework of the European Crime
Prevention Network (EUCPN) and the evaluation of it.
It should include or replace the EUCPN, with a secretariat located within an
existing EU agency and functioning as a separate unit. The European Council
invites the Commission to
submit a proposal on
setting up the OPC by 2013 at the latest.
4.3.3 Statistics
Adequate, reliable and comparable
statistics (both over time and between Member States and regions) are a necessary
prerequisite inter alia for evidence-based
decisions on the need for action, on the implementation of decisions and on the
effectiveness of action.
The European Council invites the
Commission to
continue developing
statistical tools to measure crime and criminal activities and reflect on how
to further develop, after 2010, the actions outlined and partly implemented in
the EU Action plan 2006-2010 on developing a comprehensive and coherent EU
strategy to measure crime and criminal justice, in view of the increased need
for such statistics in a number of areas within the field
of freedom, security and justice.
4.4.1 Combating serious and organised crime
As organised crime continues to become more globalised, it is increasingly important that law enforcement has the ability to work effectively across borders and jurisdictions. The Union can bring real added value to the fight against certain types of threat that require a high level of coordinated action. The fight against these criminal phenomena will involve systematic exchange of information, widespread use of European agencies and investigative tools and, where necessary, the development of common investigative and prevention techniques and increased cooperation with third countries.
The European Council therefore calls upon the
Council and the Commission
Criminal phenomena to be tackled as a priority
at European level should be selected. The European Council considers that the
following types of crime deserve special priority in the years to come.
4.4.2 Trafficking
in human beings
Trafficking and smuggling of human beings is a very serious crime involving violations of human rights and human dignity that the EU cannot condone. The European Council finds it necessary to strengthen and enhance the prevention and combating of trafficking and smuggling. This calls for a coordinated and coherent policy response which goes beyond the area of freedom, security and justice and, while taking account of new forms of exploitation, includes external relations, development cooperation, social affairs and employment, education and health, gender equality and non-discrimination. It should also benefit from a broad dialogue between all stakeholders, not least including civil society, and be guided by an improved understanding and research of trafficking and smuggling at EU and international levels.
In this context, cooperation and coordination with third countries is of crucial importance. The Action Oriented Paper on trafficking in human beings, adopted by the Council on 30 November 2009 should be used to its fullest extent.
It is
necessary that the Union should develop a consolidated EU policy against
trafficking aiming at further strengthening the commitment of, and efforts
made, by the EU and the Member States to prevent and combat trafficking. This
includes building up and strengthening partnerships with third countries,
improving coordination and cooperation within the Union and with the mechanisms
of the EU external dimension as an integral part of such a policy. Progress
should also be monitored and COSI regularly informed of coordination and
cooperation against trafficking. The fight against
human trafficking must mobilise all means of action, bringing together
prevention, law enforcement, and victim protection, and be tailored to
combating trafficking into, within and out of the EU.
The European Council therefore invites the Council to consider establishing an EU Anti-Trafficking Coordinator (ATC) and, if it so decides, to determine the modalities therefore in such a way that all competences of the Union can be used in the most optimal way in order to reach a well coordinated and consolidated EU policy against trafficking.
The European Council calls for:
the adoption of new legislation on
combating trafficking and
protecting victims,
the Commission to examine whether ad
hoc cooperation agreements with specific third countries to be identified by
the Council could be a way to enhance fight against trafficking and to make
proposals to that end. In particular, such agreements could involve full use of
all leverage available to the Union, including use of financing programmes,
cooperation for the exchange of information, judicial cooperation and migration
tools,
Europol, with the
support of the Member States, to step up support for information gathering and
strategic analysis, to be carried out in cooperation with the countries of
origin and transit,
Eurojust to step
up its efforts to coordinate investigations conducted by Member States
authorities into trafficking in human beings,
the Commission:
- to propose
further measures to protect and assist victims through an array of measures
including the development of
compensation schemes, safe return and assistance with reintegration into
society in their country of origin if they return voluntarily and those
relating to their stay; the EU should establish partnerships with the main
countries of origin,
- to propose
cooperative measures to mobilise consular services in the countries of origin
with a view to preventing the fraudulent issuing of visas. Information
campaigns aimed at potential victims, especially women and children, could be conducted
in the countries of origin in cooperation with the authorities there,
- to propose
measures to make border checks more efficient in order to prevent human
trafficking, in particular the trafficking of children.
4.4.3 Sexual exploitation of children and
child pornography
Protecting children against the danger of sexual abuse is
an important element in the strategy of children's rights.
The European Council invites:
the Council and
the European Parliament to adopt new legislation on combating sexual abuse,
sexual exploitation of children and child pornography,
the Commission to
accompany this legislation, once adopted, by measures supported under the Safer
Internet Programme 2009-2013,
The Commission to
examine how Member States competent authorities could exchange information on
best practices,
the Commission to
explore how the EU could promote partnerships with the private sector on this
subject and expand such public private partnerships to the financial sector in
order to disrupt the money transfers related to websites with child abuse
content,
the Commission to
build on the child alert mechanism and explore the creation of an EU-wide child
abduction Network in order to promote cooperation between the competent
authorities of the Member States, with a view to ensuring interoperability,
the Commission, in
order to prevent child abuse, to explore ways to enhance cooperation between Member
States competent authorities in response to the movement of child sex
offenders known to be an ongoing threat.
4.4.4 Cyber-crime
The Internet has considerably facilitated communication and promoted global development and interaction. At the same time, new, modern challenges have emerged in the form of cyber crime as criminal groups have taken effectively advantage of technologies, This in turn makes investigations more complicated for law enforcement authorities. The Union should therefore promote policies and legislation that ensure a very high level of network security and allow faster reactions in the event of cyber disruptions or cyber attacks.
As soon as possible, Member States should ratify the 2001 Council of Europe Cyber-crime Convention. This Convention should become the legal framework of reference for fighting cyber-crime at global level. Europol could play a role as a European resource centre by creating a European platform for identifying offences which should also assist Member States national alert platforms to exchange best practices.
The European Council also calls upon the Member
States to
give their full
support to the national alert platforms in charge of the fight against
cyber-crime and emphasizes the need for cooperation with countries outside the
European Union.
The European Council invites
The Union should also clarify the rules on
jurisdiction and the legal framework applicable to cyberspace within the Union,
including how to obtain evidence in order to promote cross-border
investigations.
The European Council
Cooperation should also become more efficient in
relation to the sale of fake pharmaceuticals on the Internet.
4.4.5 Economic
crime and corruption
The Union must reduce the number of
opportunities available to organised crime as a result of a globalised economy,
in particular during a crisis that is exacerbating the vulnerability of the
financial system, and allocate appropriate resources to meet these challenges
effectively.
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 in line with the 1990 Council of Europe Convention, 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.
The European Council invites the Commission to
develop
indicators, on the basis of existing systems and common criteria, to measure
efforts in the fight against corruption, in particular in the areas of the acquis (public procurement,
financial control, etc) and to develop a comprehensive anti-corruption policy,
in close cooperation with the Council of Europe Group of States against
Corruption (GRECO); The Commission
should submit a report in 2010 to the Council on the modalities for the Union
to accede to GRECO,
with a view to preventing financial crime, consider measures to
facilitate identification of beneficial owners behind assets and increase
transparency of legal persons and legal arrangements,
increase coordination between Member States in the framework of UNCAC
(United Nations Convention against Corruption), GRECO and OECD work in the
field of combating corruption,
Counterfeiting is a serious danger for consumers and
economies. The Union must improve studies of this phenomenon and ensure that
greater account is taken of law enforcement aspects in the work of the future
European Observatory on Counterfeiting and Piracy. The European Council calls
upon the Council and the European Parliament to consider as soon as possible
legislation on criminal measures aimed at ensuring the enforcement of
intellectual property rights.
4.4.6 Drugs
The EU Drugs Strategy (2005-2012) advocates a global, balanced approach, based on the simultaneous reduction of supply and demand. This strategy will expire during the Stockholm Programme. It must be renewed on the basis of a detailed evaluation of the Drugs Action Plan 2009-2012, carried out by the Commission with the support of the European Monitoring Centre for Drugs and Drug Addiction and Europol.
This Strategy should be founded on three principles:
- improving coordination
and cooperation by using all available means under the Lisbon Treaty, and in
particular in the Western Balkans, Latin America, Eastern Partnership
countries, West Africa, Russia, Central Asia including Afghanistan and the
United States,
- the mobilisation of
civil society, in particular by reinforcing initiatives such as the European
Action on Drugs,
-
contributing to research and comparability of information in order to obtain
access to reliable data.
The European Council invites the Council and the Commission to ensure that the new Drugs Strategy supports the EUs Internal Security Strategy and dovetails with other related policy products such as the OCTA, the future Organised Crime Strategy and the Councils conclusions on the fight against serious and organised crime.
4.5 Terrorism
The European Council considers that the threat from terrorists remains significant and is constantly evolving in response to both the international communitys attempts at combating it and new opportunities that present themselves. We must not lower our guard against these heinous criminals.
Respect for the Rule of Law, fundamental rights and freedoms is one of the bases for the Unions overall counter-terrorism work. Measures in the fight against terrorism must be undertaken within the framework of full respect for fundamental rights so that they do not give rise to challenge. Moreover, all the parties concerned should avoid stigmatising any particular group of people, and should develop intercultural dialogue in order to promote mutual awareness and understanding.
The Union must ensure that all tools are deployed in the fight against terrorism while fully respecting fundamental rights. The European Council reaffirms its counter-terrorism strategy consisting of four strands of work - prevent, pursue, protect and respond - and calls for a reinforcement of the prevention strand.
The European Council reaffirms the importance of the role of the EU Counter Terrorism Coordinator in ensuring implementation and evaluation of the Counter Terrorist strategy, coordinating Counter Terrorist work within the Union, and fostering better communication between the EU and third Countries.
The European
Council calls upon:
Member States to develop prevention mechanisms, in particular to allow the early detection of signs of radicalisation or threats, including threats from violent, militant extremism,
the Commission, the Council and Member States to improve initiatives
to counter radicalisation in all vulnerable populations on the basis of an
evaluation of the effectiveness of national policies; Member States should
identify best practices and specific operational tools to be shared with other Member
States; new areas of work could include integration and the fight against
discrimination,
Member States, government institutions and the Commission, together with the civil society, to enhance their efforts and cooperate even more closely, especially at local level, in order to
understand all the factors underlying the phenomenon and to promote strategies that encourage people to give up terrorism. To that end, a network of local professionals should be set up,
the development of networks for exchanging practices on prevention.
The European Council stresses the importance of better understanding
the methods used for dissemination of terrorist propaganda, including on the
Internet. This will require better technical resources and know how. Work on
aviation and maritime security need to be developed, in step with threat
analysis, in close cooperation with transport operators in order to mitigate
the impact on the travelling public. Greater attention should be paid to potential
targets such as urban mass transit and high speed rail networks, as well as
energy and water infrastructures.
The European Council considers that the instruments for
combating the financing of terrorism must be adapted to the new potential
vulnerabilities of the financial system, as well as cash smuggling and abuse of
money services, and to new payment
methods used by terrorists.
The European Council calls upon the Commission to:
promote increased transparency and responsibility for charitable organisations with a view to ensuring compatibility with Special Recommendation (SR) VIII of the Financial Action Task Force (FATF),
take into account new payment methods in the elaboration/update of
Counter Terrorist Financing measures,
examine the possibilities
to track terrorist financing within the Union,
present measures to improve feedback to financial institutions
regarding the outcome of their cooperation in the fight against terrorism
financing.
The Union must ensure that its policies are in full compliance with international law, in particular human rights law. It will play an active role in the fight against terrorism in different multilateral forums, and in particular in the United Nations, where it will continue to work with partners towards a Comprehensive Convention on International Terrorism and work towards enhancing the design, implementation and effectiveness of sanctions by the UN Security Council with a view to safeguarding fundamental rights and ensuring fair and clear procedures. Cooperation with third
countries in general and within international organisations need to be strengthened.
In order to be able to analyse the threats at European level, a methodology based on common parameters should be established. Full use should be made of Europol, SitCen and Eurojust in the fight against terrorism.
The European Union Action Plan on Explosives should be implemented and better information on the safety of explosives provided. A legislative framework to address the dangers associated with precursors should be developed.
4.6 Comprehensive
and effective EU Disaster Management: reinforcing the EU's capacities to
prevent, prepare for and respond to all kinds of disasters
Natural and
man-made disasters such as forest fires, earthquakes, floods and storms, as
well as terrorist attacks, increasingly affect the safety and security of
citizens and call for the further development of EU action in disaster
management.
EU disaster
management should be based on an integrated approach, covering the whole
disaster cycle encompassing prevention, preparedness, response and recovery for
actions both inside and outside the Union.
EU disaster
management is built on two main principles: the responsibility of Member States
for providing their citizens with the necessary protection in view of the
existing risks and threats, and solidarity amongst the Member States to assist
each other both before, during and after disasters, if catastrophes overwhelm
national capacities or affect more than one Member State.
The European Council considers that future EU action should be guided by the
objectives of reducing vulnerability to disasters by developing a strategic
approach to disaster prevention and by further improving preparedness and
response while recognising national responsibility. Guidelines for hazard and
risk-mapping methods, assessments and analyses should be developed as well as
an overview of the natural and man-made risks that the EU may face in the
future. Continued efforts are necessary to strengthen the Union Civil Protection
Mechanism and to improve the civil protection instruments, including the
availability, interoperability and use of and support for the coordination of
assistance
also outside
the EU territory on occasions of
serious emergencies involving EU citizens abroad. The Monitoring and
Information Centre (MIC) should be reinforced in order to improve the
coordination of Member States assistance, provide mapping and analytical
support to the Member States for the further identification and registration of
national and multinational civil protection modules and develop training and
exercises in order to contribute to an efficient EU disaster response.
Reducing
vulnerability to attacks is one of the major objectives pursued with EU action
concerning the protection of EU Critical Infrastructure. The Directive on
Critical Infrastructure, when implemented, should be analysed and reviewed in
due course in order to consider the possible inclusion of additional policy
sectors.
The CBRN (chemical, biological, radiological and nuclear) risk,
and in particular the threat of terrorist groups using CBRN materials, has led
to action at national and EU levels. The overall goal of the policy on CBRN
security is to present a prioritised, relevant and effective European strategy to enhance the protection of EU citizens from incidents
involving CBRN materials. In order to achieve this goal, the implementation of the EU CBRN
Action Plan based on an all-hazards approach, including actions to prevent,
detect, prepare and respond to larger incidents with high risk CBRN materials,
is vital.
Increasingly
research will be of importance to support all areas of disaster management.
Possibilities for research within the seventh research Framework programme and
within the following framework programmes need to be analysed and appropriate
proposals should be made to support that goal.
Close
cooperation with international organisations, in particular the United Nations,
which has an overall co-ordinating role in international humanitarian response should
continue to be a priority for interventions in third countries, both on the
ground and in terms of preparedness (training, joint exercises). In accordance with the 2007 European Consensus on
Humanitarian Aid a strong EU coordination and role will enhance the
overall international humanitarian response, including concerted efforts to
improve the humanitarian system, and would also reinforce the EU ambition of
working closely with other humanitarian actors. The safety and security of the EU requires continuous
dialogue and cooperation with third countries, and in particular neighbouring
countries and countries with a Member State perspective. The Unions increasing
initiatives for strengthening regional cooperation, e.g. for the Mediterranean,
the Baltic Sea area and the Black Sea, as well as the Eastern partnership, are
designed to contribute to this.
5. Access to Europe
in a globalised world
5.1 Integrated
management of the external borders
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 EUs 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 could 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.
The European
Council looks forward to the continued phased development of the European
Border Surveillance System (Eurosur) in the Southern and Eastern borders, with
a view to putting in place a system using modern technologies and supporting
Member States, promoting interoperability and uniform border surveillance
standards and to ensuring that the
necessary cooperation is established between the Member States and with
FRONTEX to share necessary surveillance data without delay. This development
should take into account the work in other relevant areas of the Integrated
Maritime Policy for the European Union as well as being able in the medium term
to allow for cooperation with third countries. The European Council invites the
Commission to make the necessary proposals to achieve these objectives.
The European
Council takes note of the ongoing studies of Member States and Frontex in the field of automated border
control and encourages them to continue their work in order to establish best
practice with a view to improving border controls at the external borders.
The European
Council also invites Member States and the Commission to explore how the
different types of checks carried out at the external border can be better coordinated,
integrated and rationalised with a view to the twin objective of facilitating
access and improving security. Moreover, the potential of enhanced information
exchange and closer cooperation between border guard authorities and other law
enforcement authorities working inside the territory should be explored, in
order to increase efficiency for all the parties involved and fight cross-border
crime more effectively.
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.
The European
Council is of the opinion that an electronic system for recording entry to and
exit from Member States could complement the existing systems, in order to
allow Member States to share data effectively while guaranteeing data
protection rules. The introduction of the system at land borders deserves
special attention and the implications to infrastructure and border lines should
be analysed before implementation.
The
possibilities of new and interoperable technologies hold great potential for
rendering border management more efficient as well as more secure but should
not lead to discrimination or unequal treatment of passengers. This includes inter
alia the use of gates for
automated border control.
The European
Council invites the Commission to
present proposals for an entry/exit system alongside a fast
track registered traveller programme with a view to such a system becoming
operational as soon as possible,
to prepare a study on the possibility and usefulness of
developing a European system of
travel authorisation and, where appropriate, to make the necessary
proposals,
to continue to examine the issue of automated border
controls and other issues connected to rendering border management more
efficient.
5.2 Visa
policy
The European
Council believes that the entry into force of the Visa Code and the gradual
roll-out of the VIS will create important new opportunities for further
developing the common visa policy.
That visa policy must also be part of a broader vision that takes
account of relevant internal and external policy concerns. The European Council therefore
encourages the Commission and Member States to take advantage of these
developments in order to intensify regional consular cooperation by means of
regional consular cooperation programmes which could include, in particular,
the establishment of common visa application centres where necessary on a
voluntary basis.
The European
Council also invites
the Commission and Council to continue to explore the
possibilities created by the conclusion of visa facilitation agreements with
third countries in appropriate cases,
the Commission to keep the list of third countries whose
nationals are or are not subject
to a visa requirement under regular review in accordance with appropriate
criteria relating e g to illegal immigration, public policy and security, which
take account of the Union's internal and external policy objectives,
the Commission to strengthen its efforts to ensure the
principle of visa reciprocity and prevent the (re)introduction of visa
requirements by third countries towards any Member State and to identify
measures which could be used prior to imposing the visa reciprocity mechanism
towards those third countries.
The European
Council, with a view to creating the possibility of moving to a new stage in
the development of the common visa policy, while taking account of Member
States competences in this area, invites the Commission to present a study on
the possibility of establishing a common European issuing mechanism for short
term visas. The study could also examine to what degree an assessment of
individual risk could supplement the presumption of risk associated with the
applicants nationality.
6. A
Europe of responsibility, solidarity and partnership in migration and asylum
matters
The European Council recognises both the opportunities and challenges posed by increased mobility of persons, and underlines that well-managed migration can be beneficial to all stakeholders. The European Council equally recognises that, in the context of the important demographic challenges that will face the Union in the future with an increased demand for labour, flexible immigration policies will make an important contribution to the Union's economic development and performance in the longer term. The European Council is of the opinion that the long-term consequences of migration, e.g. on the labour markets and the social situation of migrants, have to be taken into account and that the interconnection between migration and integration remains crucial, inter alia with regard to the fundamental values of the Union. Furthermore, the European Council recalls that the establishment of a Common European Asylum System (CEAS) by 2012 remains a key policy objective for the EU.
The European
Council calls for the development of a comprehensive and sustainable European
migration and asylum policy framework, which in a spirit of solidarity can
adequately and proactively manage fluctuations in migration flows and address situations such as the present
one at the Southern external borders. Serious efforts are needed to build and
strengthen dialogue and partnership between the EU and third countries, regions
and organisations in order to achieve an enhanced and evidence-based response
to these situations, taking into account that illegal immigration enters the
Union also via other borders or through misuse of visa. An important objective
is to avoid the recurrence of tragedies at sea. When tragic situations
unfortunately happen, ways should be explored to better record and, where
possible, identify migrants trying to reach the EU.
The European Council recognises the need
to find practical solutions
which increase coherence between migration policies and other policy
areas such as foreign and development policy and policies for trade,
employment, health and education at the European level. In particular, the
European Council invites the Commission to explore procedures that to a greater
extent link the development of migration policy to the development of the post-Lisbon Strategy. The European Council recognises the
need to make financial resources within the EU increasingly flexible and
coherent, both in terms of scope and of applicability, to support policy
development in the field of asylum and migration.
The European Council reaffirms the principles set out in the Global Approach to Migration as well as the European Pact on Immigration and Asylum. The European Council also recalls its conclusions of the June and October 2009 European Councils on this subject. It underlines the need to implement all measures in a comprehensive manner and evaluate them as decided. It recalls the five basic commitments set out in the Pact:
- to organise legal immigration to take account of the priorities, needs and reception capacities determined by each Member State, and to encourage integration;
- to control illegal immigration by ensuring that illegal immigrants return to their countries of origin or to a country of transit;
- to make border controls more effective;
- to construct a Europe of asylum;
- to
create a comprehensive partnership with the countries of origin and of transit
in order to encourage the synergy between migration and development.
6.1 A
dynamic and comprehensive migration policy
6.1.1
Consolidating, developing and
implementing the EU Global Approach to Migration
The European
Council has consistently underlined the need for EU migration policy to be an
integral part of EU external policy and recognises that the EU Global Approach to Migration has proven
its relevance as the strategic framework for this purpose. Based on the
original principles of solidarity, balance and true partnership with countries
of origin and transit outside the Union and in line with what already has been
accomplished, the European Council calls for the further development and
consolidation of this integrated approach. The implementation of the Global Approach needs to be accelerated by
the strategic use of all its existing instruments and improved by increased
coordination. A balance between
the three areas (promoting mobility and legal migration, optimising the link
between migration and development, and preventing and combating illegal
immigration) should be maintained. The principal focus should remain on
cooperation with the most relevant countries in Africa and Eastern and
South-Eastern Europe. Dialogue and cooperation should be further developed also
with other countries and regions such as those in Asia and Latin America on the
basis of the identification of common interests and challenges.
To this end,
the European Council emphasizes the following priorities:
strategic, evidence based and systematic use of all available instruments of the EU Global Approach to Migration - migration profiles, migration missions, cooperation platforms on migration and development and Mobility partnerships - for long-term cooperation on all dimensions of this policy in close partnership with selected third countries along priority migratory routes,
continued
and expanded use of the Mobility partnership instrument as the main strategic,
comprehensive and long-term cooperation framework for migration management with
third countries, adding value to existing bilateral frameworks. Success in
implementing these partnerships requires improved coordination and substantial
capacity-building efforts in countries of origin, transit and destination. The
European Council calls for further development of the Mobility partnership
instrument, while respecting their voluntary nature. Partnerships should be
flexible and responsive to the needs of both the EU and the partner countries,
and should include cooperation on all areas of the Global Approach,
more efficient use of the Union's existing cooperation instruments to increase the capacity of partner countries, with a view to ensuring well-functioning infrastructures and sufficient administrative capacity to handle all aspects of migration, including improving their capacity to offer adequate protection and increasing the benefits and opportunities created by mobility.
The successful
implementation of the Global Approach to Migration should be underpinned by
regular evaluations, increased commitment and capacity as well as improved
flexibility of the financial instruments of both the European Union and the
Member States available in this field.
6.1.2
Migration and development
The European Council underlines the need to
take further steps to maximise the positive and minimise the negative effects
of migration on development in line with the Global Approach on Migration.
Effective policies can provide the framework needed to enable countries of
destination and origin and migrants themselves to work in partnership to
enhance the effects of international migration on development.
Efforts to promote concerted mobility and migration with countries of
origin should be closely linked with efforts to promote the development of
opportunities for decent and productive work and improved livelihood options in
third countries in order to minimize the brain drain.
To that end, the European
Council invites the Commission to submit proposals before
2012 on:
how to further ensure efficient, secure and low-cost remittance transfers, and enhance the development impact of remittance transfers, as well as to evaluate the feasibility of creating a common EU portal on remittances to inform migrants about transfer costs and encourage competition among remittance service providers,
how diaspora groups may be further involved in EU development initiatives, and how EU Member States may support diaspora groups in their efforts to enhance development in their countries of origin,
ways to further explore the concept of circular migration and study ways to facilitate orderly circulation of migrants, either taking place within, or outside, the framework of specific projects or programmes including a wide-ranging study on how relevant policy areas may contribute to and affect the preconditions for increased temporary and circular mobility.
The European Council recognises the
need for increased policy coherence at European level in order to promote the
positive development effects of migration within the scope of the EUs
activities in the external dimension and to align international migration more
closely to the achievement of the Millennium Development Goals. The European
Council calls on the Council to ensure that it acts in a coordinated and
coherent manner in this field.
The
connection between climate change, migration and development needs to be
further explored, and the European Council therefore invites the Commission to
present an analysis of the effects of climate change on international
migration, including its potential effects on immigration to the European
Union.
6.1.3
A concerted policy in keeping
with national labour-market requirements
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.
The European
Council invites:
the Commission and Council to continue to implement the Policy Plan on Legal Migration,
the Commission to consider how existing information sources and networks can be used more effectively to ensure the availability of the comparable data on migration issues with a view to better informing policy choices, which also takes account of recent developments,
the Commission and the Council to evaluate existing policies that should, inter alia, improve skills recognition and labour matching between the European Union and third countries and the capacity to analyze labour market needs, the transparency of European on-line employment and recruitment information, training, information dissemination, and skills matching in the country of origin,
the Commission to assess the impact and effectiveness of measures adopted in this area with a view to determining whether there is a need for consolidating existing legislation, including regarding categories of workers currently not covered by Union legislation.
6.1.4 Proactive policies for migrants and their rights
The European Union must ensure fair treatment of third country nationals who reside legally on the territory of its Member States. A more vigorous integration policy should aim at granting them rights and obligations comparable to those of EU citizens.This should remain an objective of a common immigration policy and should be implemented as soon as possible, and no later than 2014.
The European
Council therefore invites the Commission to submit proposals for:
consolidation of all legislation in the area of immigration, starting
with legal migration, which would be based on an evaluation of the existing acquis
de lUnion and include amendments needed to
simplify and/or, where necessary, extend the existing provisions and improve
their implementation and coherence,
evaluation and, where necessary, review of the directive on family reunification, taking into account the importance of integration measures.
6.1.5 Integration
The successful integration of legally resident third-country nationals remains the key to maximising the benefits of immigration. European cooperation can contribute to more effective integration policies in Member States by providing incentives and support for the action of Member States. The objective of granting comparable rights, responsibilities, and opportunities for all is at the core of European cooperation in integration, taking into account the necessity of balancing migrants rights and duties.
Integration is a dynamic, two-way process of mutual interaction, requiring not only efforts by national, regional and local authorities but also a greater commitment by the host community and immigrants.
Member States integration policies should be supported through the further development of structures and tools for knowledge exchange and coordination with other relevant policy areas, such as employment, education and social inclusion. Access to employment is central to successful integration.
The European
Council also invites the Commission to support Member States' efforts:
through the development of a coordination mechanism involving the Commission and the
Member States using a common reference framework, which should improve structures and tools for
European knowledge exchange,
to incorporate integration issues in a comprehensive way in all
relevant policy areas,
towards the identification of joint practices and European modules
to support the integration process, including essential elements such as
introductory courses and language classes, a strong commitment by the host
community and the active participation of immigrants in all aspects of
collective life,
towards the development of core indicators in a limited number of
relevant policy areas (e.g. employment, education and social inclusion) for
monitoring the results of integration policies, in order to increase the comparability
of national experiences and reinforce the European learning process,
for improved consultation with and involvement of civil society, taking into account integration needs in various policy areas and making use of the European Integration Forum and the European website on Integration,
to enhance democratic values and social cohesion in relation to immigration and integration of immigrants and to promote intercultural dialogue and contacts at all levels.
6.1.6 Effective
policies to combat illegal immigration
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.
An effective and sustainable return policy is an essential element of a well-managed migration system within the Union. The European Union and the Member States should intensify the efforts to return illegally residing third-country nationals. Necessary financial means should be allocated for this purpose. Such a policy must be implemented with full respect for the principle of non-refoulement and for the fundamental rights and dignity of the individual returnees. Voluntary return should be preferred, while acknowledging the inevitable need for efficient means to enforce returns where necessary.
In order to create a comprehensive approach on return and readmission, it is necessary to step up cooperation with the countries of origin and of transit within the framework of the Global Approach to Migration and in line with the Pact on Migration and Asylum, while recognising that all States are required to readmit their own nationals who are staying illegally on the territory of another State.
It is important to ensure that the implementation of the newly adopted instruments in the area of return and sanctions against employers, as well as the readmission agreements in force, is closely monitored in order to ensure their effective application.
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 EUs 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.
6.1.7 Unaccompanied
minors
Unaccompanied minors arriving in the Member States from third countries
represent a particularly vulnerable group which requires special attention and
dedicated responses, especially in the case of minors at risk. This is a
challenge for Member States and raises issues of common concern. Areas
identified as requiring particular attention are the exchange of information
and best practice, minors smuggling, cooperation with countries of origin, the
question of age assessment, identification and family tracing, and the need to
pay particular attention to unaccompanied minors in the context of the fight
against human trafficking. A comprehensive response at EU level should combine
prevention, protection and
assisted return measures while taking into account the best interests of the
child.
The European Council therefore welcomes the Commissions initiative to:
develop an action
plan, to be adopted by the Council, on unaccompanied minors which underpins and
supplements the relevant legislative and financial instruments and combines
measures directed at prevention, protection
and assisted return. The action
plan should underline the need for cooperation with countries of origin,
including cooperation to facilitate the return of minors,
as well as to prevent further departures. The action plan should also examine practical
measures to facilitate the return of the high number of unaccompanied minors
that do not require international protection, while recognising that the best
interests for many may be their reunion with their families and development in
their own social and cultural environment.
6.2 Asylum:
a common area of protection and solidarity
The
European Council remains committed to the objective of establishing a common
area of protection and solidarity based on a common asylum procedure and a
uniform status for those granted international protection. While the Common
European Asylum System (CEAS) should be based on high protection standards, due regard should also be given to
fair and effective procedures capable of preventing abuse. It is crucial that
individuals, regardless of the Member State in which their application for
asylum is lodged, are offered an equivalent level of treatment as regards
reception conditions, and the same level as regards procedural arrangements and
status determination. The objective should be that similar cases should be
treated alike and result in the same outcome.
6.2.1 A common area of protection
There
are still significant differences between national provisions and their
application. In order to achieve a
higher degree of harmonisation, the establishment of a Common European Asylum
System (CEAS), should remain a key policy objective for the EU. Common rules, as
well as a better and more coherent application of them, should prevent or
reduce secondary movements within the EU, and increase mutual trust between
Member States.
The
development of a Common Asylum Policy should be based on a full and inclusive
application of the Geneva Convention on the status of refugees and other
relevant international treaties. Such a policy is necessary in order to
maintain the long-term sustainability of the asylum system and to promote
solidarity within the EU. Subject to a report from the Commission on the legal
and practical consequences, the European Union should seek accession to the
Geneva Convention and its 1967 Protocol.
The European Asylum Support Office (EASO) will be an
important tool in the development and implementation of the CEAS and should
contribute to strengthening all forms of practical cooperation between the
Member States. Therefore the Member States should play an active role in the
work of the EASO. EASO should
further develop a common educational platform for national asylum officials,
building on in particular the European Asylum Curriculum (EAC). Enhancing the convergence
and ongoing quality with a view to reducing disparities of asylum decisions
will be another important task.
The
Dublin System remains a cornerstone in building the CEAS, as it clearly
allocates responsibility for the examination of asylum application.
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 in accordance with
Article 78 TFUE for those who are granted asylum or subsidiary protection by
2012 at the latest,
the Commission to consider, once the
second phase of the CEAS has been fully implemented and on the basis of an
evaluation of the effect of that legislation and of the EASO, the possibilities
for creating a framework for the transfer of protection of beneficiaries of
international protection when exercising their acquired residence rights under
EU law,
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,
invites the Commission to finalise its study on the feasibility and legal and practical implications to establish joint processing of asylum applications.
6.2.2 Sharing of responsibilities and
solidarity between the Member States
Effective
solidarity with the Member States facing particular pressures should be
promoted.
This should be achieved through a broad and balanced approach. Mechanisms for the voluntary and coordinated sharing
of responsibility between the Member States should therefore be further analyzed and developed. In
particular as one of the keys to a credible and sustainable CEAS is for Member
States to build sufficient capacity in the national asylum systems, the
European Council urges the Member States to support each other in building
sufficient capacity in their national asylum systems. The European Asylum
Support Office should have a central role in coordinating these
capacity-building measures.
The European
Council therefore invites the Commission to examine the possibilities for:
developing
the above mentioned mechanism for sharing responsibility between the Member
States while assuring that asylum systems are not abused, and the principles of
the CEAS are not undermined,
creating instruments and coordinating mechanisms which will
enable Member States to support each other in building capacity, building on
Member States own efforts to increase their capacity with regard to their
national asylum systems,
using, in a more effective way, existing
EU financial systems aiming at reinforcing internal solidarity,
the EASO
to evaluate and develop procedures that will facilitate the secondment of
officials in order to help those Member States facing particular pressures of
asylum seekers.
6.2.3 The
external dimension of asylum
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.
Promoting
solidarity within the EU is crucial but not sufficient to achieve a credible
and sustainable common asylum policy. It is therefore important to further
develop instruments to express solidarity with third countries in order to
promote and help building capacity to handle migratory flows and protracted
refugee situations in these countries.
The European Council invites
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 for examination of applications for asylum, in which Member States could participate on a voluntary basis.
7. Europe in a
globalised world – the external dimension of freedom, security and
justice
The European
Council emphasizes the importance of the external dimension of the EU's policy
in the area of freedom, security and justice and underlines the need for the
increased integration of these policies into the general policies of the
European Union. The external dimension is crucial to the successful implementation of the objectives of this programme and should
in particular be fully coherent with all other aspects of EU foreign policy.
The European
Union must continue to ensure effective implementation, and to conduct evaluations
also in this area. All action should be based on transparency and
accountability, in particular with regard to the financial instruments.
As reiterated
by the 2008 European Security Strategy report, internal and external security
are inseparable. Addressing threats, even far away from our continent, is
essential to protecting Europe and its citizens.
The European
Council invites the Council and the Commission to ensure that coherence and
complementary are guaranteed between the political and the operational level of
JLS activities. Priorities in external relations should inform and guide the
prioritisation of the work of
relevant EU agencies (Europol, Eurojust, Frontex, CEPOL, the Lisbon
Drugs Observatory and the European Asylum Support Office).
EU Member
States Liaison officers should be encouraged to further strengthen their
cooperation, sharing of information and best practices.
The European
Council underscores the need for complementarity between the EU and Member
States' action. To that end, increased commitment from the Union and the Member
States is required.
7.1 A reinforced external
dimension
The European
Council has decided that the following principles will continue to guide European Union action in external
relations in the area of freedom, security and justice in the future:
- The Union
has a single external relations policy,
- The Union
and the Member States must work in partnership with third countries,
- The Union and the
Member States will actively develop and promote European and international standards,
- The Union
and the Member States will cooperate closely with their neighbours,
- The Member States will
increase further the exchange of information between themselves and within the
Union on multilateral and bilateral activities,
- The Union
and the Member States must act with solidarity, coherence and complementarity,
- The Union
will make full use of all ranges of instruments available to it,
- The Member States
should coordinate with the Union so as to optimise the effective use of resources,
- The Union will engage
in information, monitoring and evaluation, inter alia in collaboration with the
European Parliament,
- The Union will work
with a proactive approach in its external relations.
The European
Council considers that the JLS policies should be well integrated into the general policies of
the Union. The adoption of the
Lisbon Treaty offers new possibilities for the European Union to act more
efficiently in external relations. The new High Representative, who is also a Vice
President of the Commission, the European External Action Service and the
Commission will ensure better coherence between traditional external policy
instruments and internal instruments with significant external dimensions, such
as freedom, security and
justice. Consideration should be given to the added value that
could be achieved by including specific JLS competence in EU delegations in
strategic partner countries. Furthermore,
the legal personality of the Union should enable the Union to act with
increased strength in international organisations.
The Council recognises that ESDP and many JLS external actions have shared
or complementary objectives. ESDP missions also make an important contribution
to the EUs internal security in their efforts to support the fight against
serious transnational crime in their host countries and to build respect for
the rule of law. The European Council encourages greater cooperation between JLS
and ESDP to further these shared objectives.
The new basis
under the Treaty for concluding international agreements will ensure that the
Union can negotiate more effectively with key partners. The European Council intends
to capitalise on all these new instruments to the fullest extent.
The European
Council underscores the need for complementary between the EU and Member States'
action. This will require a further commitment from the Union and the Member
States. The European Council therefore asks the Commission to report on ways to
ensure complementary by December 2011 at the latest.
7.2 Human rights
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.
7.3 Continued thematic priorities
with new tools
The European
Council considers that the key thematic priorities identified in the previous
strategy remain valid, i.e. the fight against terrorism, organised crime,
corruption, drugs, the exchange of personal data in a secure environment and
managing migration flows. The fight against trafficking in human beings and
smuggling of persons needs to be stepped up.
Building on
the Strategy for Justice, Home Affairs and External Relations adopted
in 2005 and other relevant acquis in this field, such as the Global
Approach to Migration, EU external cooperation should focus on areas where EU activity provides added value, in
particular:
- Migration and
asylum, with a view to increasing
EU dialogue and cooperation with countries of origin and transit in order to improve their capacity to
carry out border control, to fight against illegal immigration, to better
manage migration flows and to ensure protection as well as to benefit from the
positive effects of migration on development; return and readmission is a
priority in the EUs external relations,
- Security, by engaging with third countries to combat serious and
organised crime, terrorism, drugs, trafficking in human beings and smuggling of
persons, inter alia by focusing the EUs counter-terrorism activities primarily
on prevention and by protecting critical infrastructures, Internal and external
security are inseparable. Addressing threats, even far away from our continent,
is essential to protecting Europe and its citizens,
- Information
exchange that flows securely,
efficiently and with adequate data protection standards between the EU and
third countries,
- Justice, to promote the rule of law and human rights, good
governance, fight against corruption, the civil law dimension, promote security
and stability and create a safe and solid environment for business, trade and
investment,
- Civil protection
and disaster management, in
particular to develop capacities of prevention and answers to major
technological and natural catastrophes as well as to meet threats from
terrorists.
The European
Council invites the Commission to
examine whether ad hoc cooperation agreements with specific
third countries to be identified
by the Council could be a
way of enhancing the fight against trafficking and smuggling of persons and making
proposals to that end. In particular, such agreements could involve full use of
all leverage available to the Union, including the use of existing financing
programmes, cooperation in the exchange of information, judicial cooperation
and migration tools.
The threat of
terrorism and organised crime remains high. It is therefore necessary to work with key strategic
partners to exchange information while continuing to work on longer-term
objectives such as measures to prevent radicalisation and recruitment, as well
as the protection of critical infrastructures. Operational agreements by Eurojust,
Europol, as well as working arrangements with Frontex, should be strengthened.
7.4 Agreements with third
countries
The Lisbon
Treaty provides for new and more efficient procedures for the conclusion of
agreements with third countries. The European Council recommends that such
agreements, in particular as regards judicial cooperation as well as in the
field of civil law, should be considered to be used more frequently, while
taking account of multilateral mechanisms. It notes however that Member States
will maintain the option of entering into bilateral agreements which comply with Union law, and that a
legal framework has been created for certain bilateral agreements in civil law
as well.
Protection of
personal data is a core activity of the Union. There is a need for a coherent
legislative framework for the Union for personal data transfers to third
countries for law enforcement. A
framework model agreement consisting of commonly applicable core
elements of data protection could be created.
7.5 Geographical priorities and
international organisations
EU action in
external relations should focus on key partners, in particular:
- Candidate countries
and countries with a European Union membership perspective for which the main objective would be to assist them in
transposing the EU acquis,
- European neighbourhood
countries, and other key
partners with whom the EU should
cooperate on all issues in the area of freedom, security and justice,
- EEA/Schengen states have a close relationship with the EU. This motivates
closer cooperation, based on mutual trust and solidarity to enhance the positive
effects of the internal market as well as to promote EU internal security,
- the United States
of America, the Russian Federation and other strategic partners with which the EU should cooperate on all issues in the
area of freedom, justice and security,
- Other countries or
regions of priority, in terms of
their contribution to EU strategic or geographical priorities,
- International
organisations such as the UN and the Council of Europe with whom the Union need
to continue to work and within which the Union should coordinate its position.
In the Western
Balkans, Stabilisation and
Association Agreements are progressively entering into force and notable progress
has been made in the area of visa policy, with visa facilitation and
readmission agreements in place and a comprehensive visa liberalisation
dialogue already achieved for some countries and still under way for others.
Further efforts, including use of financial instruments, are needed to combat
organised crime and corruption, to guarantee fundamental rights and to build
administrative capacities in border management, law enforcement and the
judiciary in order to make the European perspective a reality.
The EU and Turkey have agreed to intensify the cooperation to meet the common
challenge of managing migration flows and to tackle illegal migration in
particular. This cooperation should focus on joint responsibility, solidarity,
cooperation with all Member States and common understanding, taking into
account that Turkey neighbours the EUs external borders, its negotiation
process and the EUs existing
financial assistance in relevant
areas, including border control. Concluding the negotiations on the readmission
agreement with Turkey is a priority; until then, already existing bilateral
agreements should be adequately implemented.
The European
Council emphasizes that the European Neighbourhood Policy offers future opportunities for the Union to act in a
coordinated and efficient manner and contribute to strengthen capacity and
institution-building for an independent and impartial judiciary, law
enforcement authorities and anti-corruption efforts, as well as increasing and
facilitating the mobility of citizens of the partner countries. As regards the
Eastern Partnership countries, the EU is holding out the prospect of concluding
Association Agreements (with substantial JLS parts) with those countries and
supporting, the mobility of citizens and, as a long term perspective, visa
liberalisation in a secure environment.
The European
Council calls for the development before the end of 2010 a plan on how to take
cooperation with the Eastern Partnership countries forward, comprising freedom,
security and justice aspects of the Eastern Partnership as well as chapters on
freedom, security and justice of the ENP Action Plans (or their successor
documents) of the countries concerned. This plan should also list gradual steps
towards full visa liberalisation as a long term goal for individual partner
countries on a case-by-case basis, as well as describe the conditions for
well-managed and secure mobility, mentioned in the Joint Declaration of the
Prague Eastern Partnership Summit. The European Council will review the plan by
the end of 2012, and in particular to assess its impact on the ground.
The EU should
increase its efforts to support stability and security of the Black Sea
Region as a whole and enhance
further the Black Sea Synergy regional
cooperation initiative. Activities should in particular focus on border
management, migration management, customs cooperation and the Rule of Law as
well as fight against cross-border crime.
As regards the Union for the Mediterranean, it will be necessary to enhance the work started in the
context of the Barcelona process and the Euro-Mediterranean Partnership, in
particular regarding migration (maritime), border surveillance, preventing and
fighting drug trafficking, civil protection, law enforcement and judicial
cooperation. The European Council invites the Commission in cooperation with
the High Representative to submit such a plan in 2010 and asks Coreper to
prepare as soon as possible the decisions to be taken by the Council. The
European Council will review the Plan by the end of 2012, and in particular to
assess its impact on the ground.
As regards the situation in the Mediterranean area, the
European Council considers that a stronger partnership with third countries of
transit and origin is necessary, based on reciprocal requirements and
operational support, including border control, fight against organised crime,
return and readmission. Rapid action to face the challenges in this region is a
priority.
Cooperation has been intensified with the USA in the past 10 years including on all matters relating to the area of freedom, security and justice. Regular Ministerial Troika and Senior officials' meetings are held under each Presidency. In line with what has been laid down in the Washington Statement adopted at the Ministerial Troika meeting in October 2009, the dialogue should continue and be deepened.
Ongoing cooperation in the fight against terrorism and transnational crime, border security, visa policy, migration and judicial cooperation should be pursued. The agreement on the protection of personal data exchanged for law enforcement purposes needs to be negotiated and concluded rapidly. The EU and the USA will work together to complete visa-free travel between the US and the EU as soon as possible and increase security for travellers. Joint procedures should be set up for the implementation of the agreements on judicial cooperation, and regular consultations need to take place.
The Common
Space for an area of freedom, security and justice and the new agreement
currently under negotiation will provide the framework for intense and improved
future cooperation with the Russian Federation. Building also on the outcomes of the bi-annual JLS Permanent
Partnership Councils, the EU and Russia should continue to cooperate within the
framework of the visa dialogue and on legal migration, while tackling illegal
migration, enhance common fight against organised crime and particularly
operational cooperation, and improve and intensify judicial cooperation. An
agreement, which should satisfy high standards of data protection, should be
made with Eurojust as soon as possible. A framework agreement on information
exchange should be concluded in that context. The visa dialogue must continue. The
visa facilitation and readmission agreement should be implemented fully.
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.
West
Africa has recently developed
into a major hub for drug trafficking from South America to Europe and will
require enhanced attention and assistance to stem drug trafficking as well as
other transnational crime and terrorism (within the Sahel).
The dialogues
with China and India on counter-terrorism aspects should be broadened and cover
other priority areas such as intellectual property rights, migration, including
fight against illegal migration and judicial cooperation. When agreements on
judicial cooperation are entered into, the Union will continue to require that the
death penalty is an issue where no compromises can be made. The dialogue with
India on migration should be intensified and cover all migration-related aspects. With regard
to China, the dialogue on Human Rights must be continued. The dialogue with Brazil will have to become deeper and wider in the years to come.
The Strategic Partnership and the Joint Action Plan should be implemented more efficiently
and more specific measures should be considered.
With other
countries and regions the EU will cooperate regionally or bilaterally as
appropriate. The dialogue with Latin-American and Caribbean countries, on
migration, drugs trafficking, money laundering and other fields of mutual interest should
be pursued within the regional framework (EU-LAC) and within the framework of the FATF. Work will have to continue with the Central
Asian countries along the
trafficking routes to Europe.
Efforts
should also be made to enhance cooperation with Afghanistan on drugs, including the implementation of the Action Oriented
Paper on drug trafficking, and with Afghanistan and Pakistan on terrorism and migration issues.
As regards Afghanistan
and Iraq,
focus should be kept on effectively addressing the refugee situation through a
comprehensive approach. Efforts should be made to address illegal migration
flows and to conclude readmission agreements with them as well as with Bangladesh.
7.6 International organisations
and promotion of European and international standards
The European
Council reiterates its commitment to effective multilateralism that supplements
the bilateral and regional partnership with third countries and regions.
The United
Nations remains the most important international organisation for the Union.
The Lisbon Treaty creates the basis for more coherent and efficient EU
participation in the work of the UN and other international organisations.
The Union
should continue to promote European and international standards and the
ratification of international conventions, in particular those developed under
the auspices of the United Nations and the Council of Europe.
The work of
the Council of Europe is of particular importance. It is the hub of the
European values of Democracy, Human Rights and the Rule of Law. The Union must
continue to work together with the Council of Europe based on the Memorandum of
Understanding signed in 2006 and support its important conventions such as the
Trafficking Convention and the one on Protection of Children.
For law
enforcement cooperation, Interpol is an important partner for the Union. Civil
law cooperation is in particular made in the framework of the Hague Conference
on Private International Law. The Union should continue to support the
Conference and encourage its partners to ratify the conventions where the EU is
or will become a Party or where all Member States are Parties.
____________
[1] As
it is commonly known. The Treaty is actually two Treaties: the Treaty on
European Union (TEU) and the Treaty of the Functioning of the European Union
(TFEU). For ease of reading, the Lisbon Treaty or the Treaty will sometimes
be used in the Programme.
[2] For ease of reading,
the Programme only attributes the Commission the right of initiative. This does
not hinder that member states may take initiatives in accordance with Article
76 TFUE.
[3] See
Council document 16637/09 JAI 873