Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-01-19-Speech-3-130"
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Mr President, Members of the Council, ladies and gentlemen, first of all, without wishing to compete with the Ministers as regards emotions, I have to say that I am not moved, rather I am disturbed to have two personal friends in the presidency for the first time, and I just hope that this fact will not alter the separation of powers which is essential for the proper functioning of the Union!
In 1999, the Commission also presented its contribution towards a European action plan to combat drugs, which underpins the strategy approved by the Helsinki European Council. This list of actions, which is not exhaustive, should, here today, in the presence of the Council Presidency and of the Members of this House, help to make it clear that, while 1999 was a year of consolidation for EU action in this key area, it also – I very much hope – represented the start of a new phase, marked by the desire to speed up the establishment of an area of freedom, security and justice.
For this reason, 2000 will no doubt be a year for testing how the EU’s institutions respond to our citizens’ demands for guaranteed freedom of movement, with respect for their rights and guarantees of security and stability though appropriate judicial protection. In other words, 2000 will be a test of the political will to take Amsterdam seriously and to help to build the foundations for an enlarged political Union for the next decade – a test for the Council, for Parliament and for the Commission.
As I have already said, the Commission is aware of its own responsibilities and it is accordingly putting the finishing touches to an initial proposal for a scoreboard so that the institutions and other interested parties can assess the progress made in implementing the required measures and in complying with the deadlines set down in the Treaty of Amsterdam, in the Vienna action plan and in the conclusions of the Tampere European Council. This scoreboard will not just be a mere instrument of legislative planning. It will also, and above all, be an instrument for increasing transparency and increasing the accountability of all the European Union’s institutions towards the public. It is for the public, therefore, that we are developing the area of freedom, security and justice. The progress made will not be due to the Commission nor to the Council, nor even to the European Parliament, but to a combination of European institutions and to the Member States themselves, in as much as – as has already been pointed out here – specific tasks on the scoreboard will be entrusted to the Member States under the principle of subsidiarity.
In the coming weeks, I shall be making a tour of capitals to sound out the opinions of the various ministers for justice and home affairs. I hope to have a debate with the European Parliament and with civil society on this scoreboard project. And we hope, during the Portuguese Presidency, to present the final version to the Justice and Home Affairs Council, taking account of the soundings that I have just mentioned.
It is my intention that this scoreboard should become an instrument providing political and strategic guidance to all the institutions, and that it should also be an instrument for public scrutiny. For this reason, and I believe that this is a challenge we are all facing, I recognise the need to develop a communication strategy which will allow us to make the real added value which the Union brings to daily life accessible and visible to the public at large – in areas which are essential for citizenship, for legality and, ultimately, for democracy itself.
In addition to the scoreboard, I would like to anticipate the following initiatives that the Commission intends to present during 2000 – and I would like to emphasise that I am delighted the Portuguese Presidency is treating progress in the area of freedom, security and justice as a priority in its work programme.
I hope that in conjunction with the Portuguese Presidency it will be possible to achieve a clear spirit of interinstitutional cooperation, which is also the political message of Tampere, and that this spirit of interinstitutional cooperation will be carried forward by subsequent presidencies.
Regarding immigration and asylum, the Commission intends to present proposals for creating a Community instrument on the temporary protection of refugees; to initiate an analysis of criteria and conditions for improving implementation of the Dublin Convention and consideration of a possible change in its legal basis, in accordance with the Treaty of Amsterdam; to continue the debate on the basis of the communication already published concerning standards for a common asylum process throughout the Union; and to present proposals with a view to preparing legislation on the granting of residence permits to victims of trafficking in human beings who cooperate with judicial action against networks of traffickers. I also intend to contribute to the process of clarifying the role of action plans as part of the work of the High Level Group on Asylum and Migration, and to make progress in adapting Community agreements in the field of readmission by including standard clauses. Furthermore, on the subject of crossing the external borders of Member States, which is a central issue regarding the free movement of persons, I shall, in the next few days, be presenting a proposal for a regulation updating the list of third countries whose nationals are required to hold visas for crossing the external borders.
Turning to judicial cooperation, in addition to an initiative on the law applicable to non-contractual obligations, I sincerely hope that it will be possible to present to the Council a proposal for minimum standards ensuring an appropriate level of legal aid in cross-border proceedings. I also intend to continue discussions on the preparation of specific common procedural rules for simplifying and speeding up cross-border judicial proceedings relating to small commercial and consumer claims, alimony claims and non-contested claims.
As a follow-up to the Tampere and Helsinki conclusions, the Commission will be presenting its contribution to the preparation of a European Union strategy to combat organised crime. We will be organising and supporting actions including, in particular, the debate on the need for a legislative programme on implementing mutual recognition of judicial decisions in criminal matters. The Commission also intends to present specific measures in the field of crime prevention, so as to encourage exchanges of best practice in this area, and in particular the prevention of urban and juvenile delinquency; we further intend to present a legal basis for a programme financed by the Community for this purpose.
I would also like to thank Mrs Terrón i Cusí for having asked the question which has given rise to the first annual debate of this parliamentary term on the establishment of an area of freedom, security and justice, and to thank all the Members who, in their various committees, have actively participated in preparing this annual debate. I would also like to thank the representatives of the national parliaments and of civil society.
The Commission will also support the presidency’s efforts to clarify the judicial framework and the framework for police and judicial administrative cooperation in the fight against money laundering, an eminently cross-pillar issue. The Commission will fulfil the remit given to it at Tampere to present proposals for approving definitions, criminal charges and common sanctions in the field of trafficking in human beings, economic exploitation of immigrants, and sexual exploitation of woman and children, with special emphasis on combating the use of new means of communication, notably the Internet, for distributing child pornography.
We are also preparing a communication to instigate a debate on means of ensuring greater security in the information and knowledge society and in combating computer crime. The year 2000 also marks the start of the implementation of the European Union Drugs Strategy 2000-2004. In this field the Commission, in conjunction with the Portuguese Presidency and the European Parliament, will give its full support to the Interinstitutional Conference to be held on drugs in February.
With regard to Schengen, without wishing to trespass on the territory of the Council, or more precisely the incorporation of the Schengen
into the Community framework, I would like to stress, on the topical subject of restoring border controls, that the Commission wishes to reiterate its willingness to ensure greater control of the application of Article 2(2) of the Schengen Convention in order to reinforce its authority. The recent restoring of certain internal border controls leads me to believe that we need a detailed analysis of the conditions for adopting a legislative instrument based on Article 62 of the Treaty.
As was emphasised at Tampere, and as part of our preparations for the Feira European Council in June 2000, we will have to prepare a summary of the implications of the new external dimension of justice and home affairs with a view to adopting cross-pillar policy strategies, which strengthen the links between the Union’s internal and external policies in this field and help to uphold the Union’s position on the world stage.
Nevertheless, I must make it clear that all these actions will, of course, have to take into account the principles agreed at the Helsinki European Council concerning applicant countries, so that those applicants can cooperate and also be associated as quickly as possible with this project of creating an area of freedom, security and justice. Furthermore, it is important to remember that 2000 will see the start of the justice and home affairs negotiations with the first group of applicant countries and I anticipate that we will be in a position to make substantial progress in preparing the negotiating dossiers on the second group with which it was agreed to open accession negotiations at Helsinki.
Lastly, I would like to state once again that the Commission intends to be in the pole position in presenting proposals for implementing the Treaty of Amsterdam. I hope that the Commission and the Council can reach agreement on their respective roles in exercising their right to initiatives and in carrying forward the legislative process itself. As I have told Parliament, the task before us is immense and ambitious, and the Commission needs to have the necessary human resources to respond to this challenge. We hope that we can count on the support of Parliament, and – why not say it – of the Council to secure these resources and to achieve these objectives, so that the establishment of an area of freedom, security and justice becomes a reality as soon as possible, thus allowing us all to contribute, in a spirit of interinstitutional cooperation, to the realisation of this project, which is, without a doubt, the “jewel in the crown” of the Treaty of Amsterdam.
In this first speech, I would like to share with Parliament the Commission’s view of the most important events in 1999. I believe that I can say with conviction and also with satisfaction that 1999 was both a turning point and a year of consolidation by the Union on issues of freedom, security and justice. It has already been mentioned that the Treaty of Amsterdam came into force in May and this Parliament stated that the most far-reaching innovation in this Treaty was its recognition of the need to establish an area of freedom, security and justice.
At the same time, it also represents a quantum leap in qualitative terms, and a logical and vital step in the development of the Union, in the wake of the establishment of the internal market, the introduction of the single currency and the launching of a common foreign and security policy. This project is not so much a project of the institutions as a project of the citizens of our common Union. And it will therefore be necessary to guarantee genuine freedom of movement to all citizens residing in the territory of the European Union, recognising that this is only meaningful if it is rooted in a secure base, with solid foundations in an effective judicial system to which everyone can have easy access, on equal terms, and in which our citizens can have real confidence. The Union’s commitment to establishing an area of freedom, security and justice was confirmed at Tampere. I would like to emphasise the strong political message sent out by the European Council, reaffirming the importance that the Heads of State and Government of the Union attached to a fundamental project, together with various political guidelines and priorities which will turn this area into a reality, following a progressive strategy, within a time-frame of five years, and that, above all, the three components of this area should be in balance: freedom, security and justice.
1999 was also marked by the German Presidency’s initiative to draw up a European Charter of Fundamental Rights. I believe that at the present stage in the European Union’s development, it would be appropriate to bring together the fundamental rights in force at European Union level in a charter, so as to make them as visible and accessible as possible to our citizens. As I have already said on a number of occasions, I am in favour – the Commission is in favour – of drawing up a charter which would reflect, on the broadest basis possible and as part of a dynamic process, the common constitutional traditions of the Member States and the general principles of Community law, rather than being a mere statement of the lowest common denominator. In my capacity as a representative of the Commission, I will ensure that the charter and the actions stemming from it represent an affirmation of a Union based on a set of fundamental rights which are an integral part of Europe’s common heritage.
That is the only way in which we can help to restore the legitimacy of the project of an enlarged European Union in the eyes of every European citizen, an enlarged Europe based on respect for rights and freedoms, with a guarantee of personal safety and safety of property and with effective legal protection, in other words, a Union rooted in the political values which underpin contemporary democracies. I must not overlook the fact that 1999 marked the beginning of the 1999-2004 parliamentary term of the European Parliament, that it was the year in which the new Commission took up its duties and, as a consequence, the year in which a Commissioner solely responsible for the areas of justice and home affairs assumed his responsibilities.
In addition to these events, I would like to remind Parliament of some items that were approved in 1999. In the field of immigration, borders and asylum, the Commission presented a proposal for a regulation on setting up the Eurodac database, and a proposal for a directive on conditions for admitting third country nationals into Member States of the European Union with a view to reuniting families, as part of a vigorous policy of integrating legal residents in the territory of the European Union. We also presented a communication on common procedures concerning asylum and a recommendation for a decision authorising the Commission to open negotiations with Iceland and Norway on an agreement designed to extend the rules applied by the Member States of the European Union under the Dublin Convention to those two countries.
The Commission made an active contribution to the work of the High Level Group on Asylum and Migration, and ultimately, in December, it presented a proposal aimed at establishing a European refugee fund. In the field of judicial cooperation, the Commission presented proposals for regulations aimed at the “communitisation” of certain conventions. These were the convention on judicial cooperation and the enforcement of judgements in civil and commercial matters (Brussels I), the convention on jurisdiction, recognition and enforcement of judgements in matrimonial matters (Brussels II), and a third convention concerning the service of judicial and extrajudicial documents in civil or commercial matters. In 1999, we also presented a communication on victims of crime in the European Union, which led to discussions that were given greater impetus at Tampere. This communication called for minimum standards for protecting the victims of crime, in particular as regards their access to justice and their rights to compensation, including the cost of justice. We also presented a proposal for a decision on combating fraud and forgery of non-cash means of payment.
In the field of European Union legislation on combating financial crime, the Commission presented a proposal for an amended directive on money laundering. In 1999, Europol took up its duties and we in the Commission, echoing the Portuguese Presidency’s statement today, sincerely hope that as we enter a new era in justice and home affairs and discussions start on the implementation of new powers attributed to Europol under the Treaty of Amsterdam, there will also be a discussion of democratic control and of the links between Europol and the relevant judicial institutions, and in particular Eurojust."@en1
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