COUNCIL RESOLUTION of 18 December 1997 laying down the priorities for cooperation in the field of justice and home affairs for the period from 1 January 1998 to the date of entry into force of the Treaty of Amsterdam (98/C 11/01)

THE COUNCIL OF THE EUROPEAN UNION,

In response to the request of the European Council that it organise its work on cooperation in the fields of justice and home affairs, provided for in Title VI of the Treaty on European Union, by determining the activities which should be carried out as a matter of priority in pursuit of the objectives fixed at the European Councils in Madrid (15 and 16 December 1995), Florence (21 and 22 June 1996), Dublin (13 and 14 December 1996) and Amsterdam (16 and 17 June 1997),

Reiterating its ambition to promote liberty, security and justice in the European Union, in accordance with the principles of the rule of law, by developing close cooperation between the Member States in the fields of justice and home affairs,

Pointing out that these priorities could be reviewed in the light of any decisions taken as part of preparation for the entry into force of the Treaty of Amsterdam, signed on 2 October 1997 (1),

Having regard to the Council resolution of 14 October 1996 laying down the priorities for cooperation in the field of justice and home affairs for the period from 1 July 1996 to 30 June 1998 (2), and in particular Section IV thereof,

Having regard to the views of the European Parliament (3) following a consultation carried out by the Presidency in accordance with Article K.6 of the Treaty on European Union,

HEREBY ADOPTS THIS RESOLUTION:

I. The Council intends to pursue the objectives defined by the European Council, concentrating priority on the following topics in the period from 1 January 1998 to the entry into force of the Treaty of Amsterdam:

1. Combating terrorism

(a) strengthening cooperation between the Member States;

(b) updating the document on the terrorist threat;

(c) updating the list of counter-terrorist centres of excellence.

2. Combating organised crime

Implementation of the action plan to combat organised crime approved by the European Council in Amsterdam (16 and 17 June 1997) in accordance with the timetable and procedures provided for therein (4).

3. Combating drugs

(a) implementation of the report by the Group of Experts on Drugs adopted by the European Council in Madrid on 15 and 16 December 1995 and the recommendations by the European Councils in Dublin (13 and 14 December 1996) and Amsterdam (16 and 17 June 1997) at the judicial, police and customs levels, particularly in the field of supply reduction and international cooperation;

(b) implementation of the action plan for the Caribbean and the recommendations made for Latin America by the European Council in Dublin;

(c) implementation of the current initiative on Central Asia and Russia and launching of similar discussions on the Ukraine;

(d) implementation of the Joint Action of 17 December 1996 concerning the approximation of the laws and practices of the Member States of the European Union to combat drug consumption and drug trafficking (5);

(e) implementation of the Joint Action concerning synthetic drugs.

4. Improving police and customs cooperation

(a) implementation of the Europol Convention (implementing regulations, computer system);

(b) police training, in particular through establishing a European curriculum; use of the inventory prepared by the Association of European Police Colleges (AEPC) to coordinate, as far as possible, assistance to the police forces of the countries of Central and Eastern Europe, in order to avoid duplication of work;

(c) strengthened technical cooperation, in particular with regard to interception of telecommunications and standardisation of radio communications standards, cooperation between forensic laboratories and cooperation between national criminal intelligence services;

(d) strategic action programme for customs;

(e) joint customs surveillance operations at external frontiers;

(f) combating counterfeiting, piracy and illegal trade in works of art;

(g) risk analysis in the customs field.

5. Improving judicial cooperation

5.1. In civil matters

(a) finalisation of the draft 'Brussels II` Convention (on matrimonial matters and custody of children);

(b) European Enforcement Order;

(c) coordination among Member States concerning the revision of the Brussels Convention of 1968 and Lugano Convention of 1980;

(d) launching of discussions on the necessity and possibility of drawing up a Convention on the law applicable to extra-contractual obligations (Rome II);

(e) preparation of the accession of States which are applicants for accession to the Lugano Convention;

(f) handbook for the implementation of the Convention on the service of judicial and extra-judicial documents in civil and commercial matters (depending on the number of ratifications of the Convention);

(g) examination of the future of judicial cooperation in civil matters in the light of the Treaty of Amsterdam.

5.2. In criminal matters

(a) draft convention on mutual assistance in criminal matters;

(b) draft convention on the enforcement of driving disqualifications.

5.3. In civil and criminal matters

(a) implementation of the Joint Action concerning the liaison magistrates and setting up of a European judicial network;

(b) study of the procedure for implementing the area of freedom, security and justice provided for by the Treaty of Amsterdam and specification of the conditions for achieving it;

(c) explanatory reports on the Conventions adopted;

(d) analysis and possible adaptation of existing instruments relating to other forms of judicial cooperation.

6. Improving cooperation with regard to immigration and asylum

(a) implementation of the Dublin Convention and study of the possibility of concluding conventions parallel to the Dublin Convention;

(b) harmonisation of national procedures for granting the right to asylum;

(c) harmonisation of conditions for the reception of asylum applicants;

(d) development of the Eurodac system (Convention and technical specifications);

(e) examination of the legal status of third-country nationals residing legally in the territory of the Member States;

(f) draft joint action concerning the temporary protection of displaced persons and examination of the problems of burden-sharing;

(g) examination of forms of alternative protection (de facto protection and humanitarian residence permit);

(h) strengthening measures to combat illegal immigration, especially illegal immigration networks and illegal employment;

(i) improving exchanges of information and cooperation with countries of origin;

(j) improving cooperation regarding the expulsion of illegal immigrants; problems of re-admission;

(k) false documents; development of a harmonised image-filing and transmission system; practical cooperation;

(l) examination of the problem of family reunification;

(m) combating marriages of convenience;

(n) proposal for a convention on the rules for admission of third-country nationals to the Member States of the European Union;

(o) support programmes for refugees.

7. Stepping up checks on persons at external frontiers

(a) draft convention on the crossing of external frontiers and implementing measures;

(b) increased operational cooperation between authorities carrying out checks at external frontiers;

(c) discussions on harmonising visa policy.

8. Combating racism and xenophobia

Continuation of work, both at judicial (monitoring of Joint Action against racism and xenophobia) and police (police training) level.

9. Combating corruption and fraud affecting the Community's financial interests

(a) implementation of the communication from the Commission to the Council and the European Parliament on a Union policy against corruption;

(b) examination of procedures to make combating fraud affecting the Community's financial interests more effective.

10. Horizontal actions

(a) preventing crime: follow-up to the various seminars and conferences;

(b) combating trafficking in human beings;

(c) combating the use of new technologies for criminal purposes and using the latter to combat crime.

II. In preparation for the entry into force of the Treaty of Amsterdam, the Council's discussions will pay particular attention to incorporating the Schengen acquis into the framework of the European Union (Articles 3, 4 and 6 of the Protocol annexed to the Treaty of Amsterdam). The Council hereby instructs the Presidency, in full association with the Commission, to immediately establish the necessary contacts with the Chair of the Schengen Executive Committee in order to ensure coordination of the respective work programmes until the incorporation of the Schengen acquis into the framework of the European Union, which is one of the priorities laid down by this resolution.

The Council will also embark on an examination of the work structures involved in setting up an area of freedom, security and justice to be established as soon as the Treaty of Amsterdam enters into force.

III. In support of the priority activities listed in point I, the Council will encourage the exchange of officials and magistrates between Member States and, if need be by granting Community financing, the organisation of seminars and conferences and the establishment of training programmes.

IV. The Council will endeavour, wherever possible, to coordinate the positions of the Member States in international organisations and at international conferences when they deal with a topic connected with the priorities defined in point I.

V. The Council will, when deciding on its priorities and the organisation of its work, take account of the preaccession strategy for enlargement of the Union in the light of the guidelines adopted by the European Council. In this context, a preaccession strategy will be drawn up as indicated in the report from the High Level Group on Organised Crime approved by the European Council in Amsterdam. The Council's activities regarding cooperation in the fields of justice and home affairs with other third countries, particularly within the framework of the Transatlantic Dialogue, will be the subject of one or more separate work programmes.

VI. The Council will carry out periodic checks on the implementation by the Member States of the instruments adopted pursuant to Title VI of the Treaty on European Union.

VII. Without prejudice to the right of initiative of Member States and the Commission as provided for in Article K.3(2) of the Treaty on European Union, the Council, acting on a proposal from the Committee set up by Article K.4(1) of that Treaty, will discuss the programme, in principle at the beginning of each Presidency.

VIII. This programme will be revised by the Council at the appropriate time. When doing so, the Council will decide which activities must be removed from the list of priorities, either because they have already been successfully completed, or because achieving them in the short-term is impossible or is no longer a priority, and which other activities must be regarded as having priority and be included in the programme.

IX. This resolution replaces the Council resolution of 14 October 1996. It will be published in the Official Journal of the European Communities.

(1) OJ C 340, 10.11.1997, p. 1.

(2) OJ C 319, 26.10.1996, p. 1.

(3) Opinion delivered on 20 November 1997 (OJ C 371, 8.12.1997).

(4) OJ C 251, 15.8.1997, p. 1.

(5) OJ L 342, 31.12.1996, p. 6.