76 Action plan to implement the Stockholm
Programme
| (31517)
8895/10
COM(10) 171
| Commission Communication : Delivering an area of freedom, security and justice for Europe's citizens — Action Plan implementing the Stockholm Programme
|
| Legal base | —
|
| Document originated | 20 April 2010
|
| Deposited in Parliament | 25 May 2010
|
| Department | Home Office
|
| Basis of consideration | EM of 7 June 2010
|
| Previous Committee Report | None
|
| Discussed in Council | 3 June 2010
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
76.1 In 1999, the European Council adopted a five-year programme
of action ("the Tampere Programme") on justice and home
affairs (JHA). It included proposals for action on asylum, immigration,
visas and police and judicial cooperation.
76.2 In 2004, the European Council adopted a further five-year
programme of action on justice and home affairs ("the Hague
Programme").[327]
In May 2005, the Commission proposed an Action Plan which set
out over 250 measures (such as Green Papers, legislation and agreements
with third countries) to give effect to the Programme.[328]
It was adopted by the Council in June 2005.
The Stockholm Programme
76.3 In June 2009, the Commission published a Communication setting
out its views on what the next five-year programme should contain.[329]
The previous Committee recommended it for debate in European Committee
B. The debate was held on 26 October 2009.
76.4 In December 2009, the European Council adopted the Stockholm
Programme for EU action on justice and home affairs for the five
years from the beginning of 2010 to the end of 2014.[330]
The Programme is based on the Commission's Communication but differs
from it in some important ways. For example, the Programme puts
more emphasis on practical cooperation and calls for the implementation
and evaluation of existing EU legislation before new measures
are proposed.
76.5 The Stockholm Programme makes proposals under
the following headings:
- political priorities
(such as mutual trust between Member States; prompt and thorough
implementation of existing EU legislation; evaluation of the effectiveness
of existing policies; better training in EU law for the judiciary
and law enforcement authorities; and better communications with
the public) ;
- promoting citizen's rights: a Europe of
rights (for example, the Programme
invites the Commission to make a proposal for the EU's accession
to the European Convention on Human Rights and invites all the
EU institutions and Member States to ensure that legal initiatives
are and remain consistent with fundamental rights; the Programme
also calls for action to improve the protection and support of
children, the Roma, victims of crime and other vulnerable groups
and to strengthen the protection of personal data);
- making people's lives easier: a Europe
of law and justice (the Programme
says that the EU should aim to enable citizens to assert their
rights anywhere in the EU and to facilitate their access to justice;
they should, for example, strengthen mutual trust in Member States'
judicial systems through mutual recognition of a wider range of
judicial decisions; establish minimum rules for the definition
of certain criminal offences and the penalties for them; and introduce
common minimum rules of civil procedure for the cross-border execution
of judgements on matters such as the taking of evidence and the
service of documents);
- a Europe that protects (the
Programme calls on the Council and the Commission to define a
comprehensive EU Internal Security Strategy to direct and strengthen
cooperation between Member States to counter terrorism and other
serious cross-border crime; the Programme also calls, for example,
for the adoption of EU legislation on cyber-crime, trafficking
in drugs and human beings and the sexual exploitation of children);
- access to Europe in a globalised world
(under this heading, the Programme calls for further action —
such as clarifying the mandate of FRONTEX[331]
— to facilitate legal access by third-country nationals
to the territory of the Member States, coupled with effective
measures to protect the external borders from illegal immigration);
- a Europe of responsibility, solidarity
and partnership in migration and asylum matters (the
Programme sets out aims for the next stage in the development
of a Common European Asylum System and a common policy on migration,
recognising both the benefits to the EU of legal immigration and
the need for effective management of migration in cooperation
with countries of origin and transit); and
- Europe in a globalised world — the
external dimension of freedom, security and justice (the
Stockholm Programme sets out the principles and priorities which,
in the opinion of the European Council, should guide the EU's
and Member States' relations with third countries and international
organisations on JHA matters).
The European Council invited the Commission to present
an Action Plan listing measures to implement the Programme.
The Action Pan
76.6 The Communication contains the Commission's
overview of the action that should be taken to implement the Stockholm
Programme and the JHA provisions of the Lisbon Treaty. Attached
to the Communication is an Action Plan. The Commission invites
the European Parliament and the Council to endorse it.
76.7 The Plan covers 50 pages and lists over 350
proposals for action. Under each of the headings used in the Stockholm
Programme (see paragraph 76.5 above), the Commission sets out
the proposed action, the body responsible for taking it and the
timetable. For example, on page 44 of the Action Plan, under the
heading Access to Europe in a globalised world, the Commission
lists the following proposals:
| ACTIONS | RESPONSIBLE BODY
| TIMETABLE
|
| Proposal to amend the Frontex Regulation (EC) No 2007/2004
| Commission | 2010 (adopted)
|
| Second progress report on the European Border Surveillance System (Eurosur)
| Commission | 2010
|
| Frontex to establish regional and/or specialised offices
| FRONTEX | 2010
|
| Development of a customs approach to protecting citizens' safety from the risks posed by international trade in dangerous goods
| Commission | 2010
|
| Legislative proposal amending the Schengen Borders Code (Regulation (EC) No 562/2006)
| Commission | 2010/11
|
| Legislative proposal to set up Entry Exit System (EES)
| Commission | 2011
|
| Legislative proposal to set up a Registered Traveller Programme (RTP)
| Commission | 2011
|
76.8 The Commission lists proposals for Green Papers,
evaluations, communications, meetings, guidelines, handbooks and
negotiations with third countries as well as proposals for legislation.
The Government's view
76.9 In his Explanatory Memorandum of 7 June, the
Parliamentary Under Secretary of State at the Home Office (James
Brokenshire) says that the Government recognises the importance
of the Stockholm Programme but wishes to make clear that this
does not imply that it accepts the Programme in its entirety.
It will consider each initiative and decide whether to opt into
it.
76.10 The Minister tells us that:
"The Government believes that there are a number
of respects in which the Action Plan does not reflect the Stockholm
Programme and several that do not reflect the views of the Government."[332]
He says for example, that:
- page 16 of the Action Plan,
which lists action intended to give full effect to the right to
free movement within the EU, makes no reference to the presentation
of a proposal to tackle the abuse of the right despite the fact
that the Stockholm Programme contains a clear commitment to such
measures, including an invitation to the Commission to examine
"how to assist Member States' authorities to tackle abuse
of this fundamental right effectively";[333]
- page 19 of the Action Plan says that the Commission
will issue a Communication on the establishment of a European
Public Prosecutor's Office, whereas the Stockholm Programme says
that the setting up of such an office is only one of a number
of possibilities which might be considered to strengthen Eurojust;
and
- page 25 of the Action Plan says that in 2011
the Commission will make a legislative proposal for a common frame
of reference for European contract law, whereas the Stockholm
Programme says that "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."[334]
The Minister tells us that, in view of the Stockholm Programme's
recognition that the common frame of reference should be non-binding,
the Government is not convinced that the Action Plan's reference
to a "legislative proposal" reflects what was agreed
by the European Council.
76.11 The Minister adds that he made it clear at
the JHA Council's meeting on 3 June that the Government does not
endorse the Commission's Action Plan. He encloses with his Explanatory
Memorandum the Conclusions agreed by the Council at that meeting.
They say that the Council:
"Emphasises strongly that the Stockholm Programme
is the only guiding frame of reference for the political and operational
agenda of the European Union in the Area of Justice, Security
and Freedom.
…
"Notes … that some of the actions proposed
by the Commission are not in line with the Stockholm Programme
and that others, being included in the Stockholm Programme, are
not reflected in the Communication of the Commission.
"Urges the Commission in this regard to take
only those initiatives that are in full conformity with the Stockholm
Programme in order to ensure its complete and timely implementation.
…
"Calls on all parties concerned to ensure due
implementation of all necessary measures and actions stemming
from the Stockholm Programme, including those not present in the
above Commission proposal, in order to attain the 2010-14 strategic
objectives in the Area of Justice, Freedom and Security."[335]
Conclusion
76.12 We are grateful to the Minister for his
comprehensive and robust Explanatory Memorandum. We also thank
him for drawing our attention to the Conclusions adopted by the
JHA Council on 3-4 June. It is clear from them that the Council
has serious reservations about parts of the Commission's Action
Plan. It is most unusual for the Council of Ministers to give
the Commission such a public rebuke.
76.13 No doubt the Commission will reflect on
the terms of the Action Plan in the light of the Council's Conclusions.
In any event, each of the proposals to implement the Stockholm
Programme will come to us for scrutiny and it would be premature
for us to comment on any of them at this stage. For these reasons,
we have decided to clear the Action Plan from scrutiny.
327 Hague European Council, 4-5 November 2004, Presidency
Conclusions, paragraphs 14 to 20 and Annex I. Back
328
(26566) 8922/05: see HC 34-iv (2005-06), chapter 22 (20 July 2005). Back
329
(30701) 11060/09: see HC 19-xxiii (2008-09), chapter 1 (8 July
2009). Back
330
17024/09. Back
331
FRONTEX is the EU Agency for the management of operational cooperation
between the Member States at their external borders. Back
332
Minister's Explanatory Memorandum, page 3, third paragraph, final
sentence. Back
333
Stockholm Programme, page 14, third paragraph, concluding two
lines. Back
334
Stockholm Programme, page 33, first paragraph. Back
335
JHA Council Conclusions 3-4 June 2010, page 2. Back
| 
