COUCIL OF
THE EUROPEA UIO
Brussels, 14 September 2005
B
PU
12214/05
DOCUMET PARTIALLY
ACCESSIBLE TO THE PUBLIC
LI
LIMITE
OTE
From :
To :
Subject :
C
CRIMORG 90
Commission
Multidisciplinary Group on Organised Crime
EU-Russia Road map on the Common space of Freedom, Security and Justice
- Implementation table
Delegations will find enclosed the Road map on the Common space of Freedom, Security and
Justice - Implementation table which was discussed in the Multidisciplinary Group on Organised
Crime meeting on 8 and 9 September 2005.
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Conseil UE
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EASTERN EUROPE and CENTRAL ASIA
Meeting doc.
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Origin: Commission
Date:
ROAD MAP O THE COMMO SPACE OF FREEDOM, SECURITY AD JUSTICE
IMPLEMETATIO TABLE (TO BE REGULARLY UPDATED)
2.3 To combat transnational organised crime, including through law enforcement cooperation
- Incorporating the EU-Russia Action Plan on Organised Crime -
Common Space objectives
Organised crime (2.3) *
ext steps/Responsibility
Actions
(number in parenthesis marks indent)
The Action Plan is divided in two parts:
(1) - implement the EU-Russia Action
Plan on Organised Crime and agreed
priorities (only remaining objectives)
*
(I) Judicial cooperation and (II) Law enforcement
I. Judicial Co-operation
Many aspects related to organised crime in the Common space are found under other headings, e.g. multiple identities (2.2), money laundering (2,4), drug trafficking (2.5),
trafficking in human beings (2.6), fight against corruption (2.7) and trafficking in stolen vehicles and historic items (2.8), as well as in the chapter 3.2 on enhanced cooperation on
criminal matters.
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i) (a) Adoption of appropriate legislative
and other measures for the development of
arrangements under which judicial cooperation can be provided for.
i) (b) Ratification of international
instruments to which states are parties and
which are of importance in combating
organised crime (agreed list of conventions
provided in this paragraph, see annex).
Russia adopted a new Criminal Procedure Code, which entered into force
in July 2002. The new legislation brings Russian legislation closer to EU
and International standards. There have also been other Russian laws
adopted with useful judicial cooperation elements.
On other specific issues further legislative efforts are needed, such as
permitting Russian police to seize stolen vehicles and ruling out customs
clearance and registration of cars reported as stolen. The returning of
stolen cars to rightful owner is still only possible via civil law process,
which in practice is not functioning as far as return to owners abroad is
concerned.
Russia has acceded to the 1959 European Convention on Mutual Legal
Assistance and its First Additional Protocol, but not yet to its 2nd Protocol
Remaining work on conventions mainly focus on corruption, protection of
personal data and firearms (state of play regarding agreed list of
conventions, see annex).
Continued legislative reform in Russia/Russia
Signing of the Council of Europe 2nd
Additional protocol to the Mutual Legal
Assistance Convention 1959/Russia and EU
Member States
Possibly joint evaluation by EU Embassies
and EC Delegation in Moscow on remaining
legislative need/ Member States and
Commission
Designing of a new more specific Tacis
project on judicial cooperation together with
Russia/ Commission
Dialogue with Russia about possibility to sign
and proceed with ratification/Member States
and Commission
COVERED BY ROAD MAP, SECTION 3.2
ii) (c) Links to be established by Russian
judicial co-operation authorities with their
counterparts in Member States and with
the European Judicial Network
ii) (d) Developing procedures which
conform to best practice in international
judicial co-operation;
ii) (e) Arranging regular meetings and
seminars to promote the adoption of good
practice in judicial co-operation; COVERED
ALSO BY ROAD MAP, SECTION 3.1
ii) (f) Training judicial co-operation
practitioners e.g. through exchanges of
personnel COVERED ALSO BY ROAD MAP,
Eurojust has been provided a legal base for relations with third countries.
Russia and Eurojust have initiated negotiations, SEE ROAD MAP BELOW
(8), and Council has encouraged Eurojust negotiations of an agreement
with Russia. Earlier Russia was invited to European Judicial Network, e.g.
to a seminar in Århus, 2-3 December 2002, but did not attend.
The EU Council adopted a Joint Action of 29 June 1998 on good practice
in mutual legal assistance in criminal matters OJ L 191
Some meetings and seminars have been organised in the context of the
Baltic sea cooperation; the Denmark funded a seminar on judicial reform
on 10 and 11 October 2003 in Moscow. Earlier events, e.g. 1999 in
Lappenrantaa, Finland, funded by forerunner to AGIS
An agreement between Russia and Eurojust
should be concluded /Russia, Presidency and
Member States
New initiatives needed in support of training,
seminars and exchange of personnel/Member
States
Identifying aspects of EU-Russia judicial
cooperation that can be supported by Tacis
projects/ Russia and Commission
Tacis programmes totalling € 23 Million is ongoing to train Russian judges
and improve the judicial capacity in Russia. This training should at least
partly be beneficial to judicial cooperation
SECTION 3.1
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ii) (g) Working with the Member States to
provide a manual on judicial co-operation
between Member States and Russia and a
statement of good practice in relation to
such co-operation
The judicial co-operation sub group of the G8 Lyon group has prepared a
manual on judicial co-operation (basic draft by France and approved by
Germany, Italy, UK and Russia).
Another manual on judicial co-operation has been prepared with Russia in
the framework of the Baltic Sea Task Force on organised crime
Possibly adapt the G 8 manuals on judicial
cooperation to EU-Russia relations, taking
account of the Baltic Sea manual. Would any
Member State – preferably a G 8 member - be
ready to take the initiative and do an updated
EU-Russia manual, building on existing
manuals? Member States and Russia
Remaining Objectives of the Action Plan
Action: II. Law Enforcement Co-operation
ext steps/Responsibility
i) (c) Central Russian Contact points to be
identified to exchange information with
EU Member States law enforcement
authorities
i) (e) Training courses will be held with
Russian Federation law enforcement
personnel to develop good practice in the
field of international co-operation
i) (g) Exchange programmes involving law
enforcement co-operation experts will be
organised with EU member States
The Joint Declaration (7353/1/02 REV 1 CRIMORG 17 NIS 41) on
designation of central contact points to exchange information on organised
crime in law enforcement cooperation was adopted during the meeting of
the Ministers for Justice and Home Affairs of the Member States of the EU
and the Russian Federation in Luxembourg on 25 April 2002.
DELETED Interested Member States and Europol may invite Russia law
enforcement personal. Co-operation with other interested Member States
could then also be strengthened, if needed. In some cases AGIS financing
may be available.
Consider updating the existing list of contract
points, issued 3 September 2002 (10351/1/02,
REV 1, CRIMORG 48, NIS 91)./Presidency
i) (h) Border controls should be
strengthened to combat illegal trafficking
in drugs as effectively as possible
i) (l) Appropriate efforts will be made to
encourage individuals to break away from
criminal organisations and to ensure the
protection of individuals who co-operate
with the judicial process
i) (m) Information campaigns and
international programmes will be
undertaken to promote the prevention and
reduction of organised crime, in line with
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Member States and Russia should take the initiative to invite each others
law enforcement personnel to exchange programmes. Co-ordination of
with other interested Member States programs could be developed.
Eight Tacis border projects totalling €38.1 Million have been launched to
improve Russia’s border management at its Western borders. Commission
and Russia are in the Tacis 2005 programme discussing a € 4 million
organised crime project to foster cross-border cooperation with
neighbouring Member States by promoting interservice cooperation
between different ministries and law enforcement agencies starting with
the border traffic with the Kaliningrad region, see also below point (13)
Protection and assistance for victims of trafficking remains weak even if in
Jan 2005 new witness protection legislation became effective. However,
the Duma failed to pass comprehensive victim protection, and assistance
legislation needed to address the broader issues of prevention, protection
and rehabilitation for foreign victims and victims not party to an
investigation.
In the Tacis 2003 programme there is a €3 Million public awareness
project to improve the legal culture at large. An awareness raising
campaign regarding trafficking in human beings is part of the 2004 Tacis
programme; this programme also contains a project on raising the
awareness of alternatives to imprisonment.
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DG H 2B
Finland intends to organise training courses/
seminars for Russian law enforcement
personnel. Initiatives to be taken to invite
Russia /Member States and Europol.
Training within Tacis projects/ Commission
Finland and Estonia plan to invite Russian law
enforcement personnel to their exchange
programmes. Further invitation to Russia in
such programmes needed/ Member States
Proceed with Tacis 2005 programme
containing the cross-border crime project on
Kaliningrad/ Russia and Commission
Strengthen drug controls at the borders with
Russia/ Member States and Russia
Provide comprehensive field report on this
aspect, drawing on the experience of the EU
Liaison Officers/ Member States Embassies
and EC Delegation in Moscow
Dialogue to continue in PPC meetings/
Commission and Presidency
Sign the 2004 and 2005 Tacis programmes
containing trafficking of human beings/Russia
and Commission
Discuss with Liaison Officers of suitable
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the preparation of the European strategy to
prevent organised crime carried out in cooperation between the European
Commission and Europol
i) (n) Academic studies of problems of
mutual interest should be encouraged;
Other ideas regarding information campaigns in Russia will be developed
Europol has made several reports on East European Organised Crime.
DELETED
targets for information campaigns/
Commission
DELETED
Report on bilateral exchanges/ Member States
i) (o) Comparable methods of analysis
should be developed
DELETED At the visit of a delegation from Russian State Anti-Drugs
agency to Lisbon Observatory (May 2004), EMCCDDA shared its
expertise on the harmonised indicators to monitor the drug phenomenon as
well as information on data-collection practices. Russian representatives
stated the intention to use it to develop a national monitoring system, to
prevent drug addiction and to counteracting drug-related organised crime.
ii) To further develop co-operation between
EU Member States liaison officers in Russia
they will meet on a regular basis in meetings
involving Europol and the Commission. The
liaison officers will have the opportunity of
commenting on the action plan.
A network of EU law enforcement liaison officers has been established
and meets twice a year in accordance with the Action Plan. Invitations are
extended also to central contact points, ref. i) (c). The most recent internal
EU meeting took place 9 March 2004 and the last with Russia was in
September 2004. As a rule the resulting written conclusions feed into the
JLS PPC Ministerial meetings.
Conclusions on implementation of Road map
should be transmitted to JLS PPC ministerials
/Presidency, Commission and Europol.
Finland prepared to devote effort to develop
role of Liaison officer meeting during its EUpresidency (incl. high level meeting of heads
of operative law enforcement authorities).
Russia signed the UN Convention against Transnational Organised Crime
12 December 2000 and ratified the convention 26 May 2004. The situation
is the same for the Protocol to Prevent, Suppress and Punish Trafficking in
Persons and the Protocol against the Smuggling of Migrants by Land, Sea
and Air. Both the convention and these two protocols have now entered
into force. Based on implementation of UNTOC possible joint initiative
EU-Russia at UN level could be envisaged.
The EU network in Russia covers Moscow and St. Petersburg. It meets
formally at least once a year, often with Russian colleagues. Russia has
posted Liaison Officers only in Germany (all at the Russian consulate
general in Bonn: one from the Ministry of Interior, two from the FSB) and
Spain (Madrid) as well as few more EU capitals. One Russian liaison
officer is planned to be posted in Brussels to cover Europol.
An evaluation of the state of implementation
in Russia might be provided by Member
State Embassies in Moscow and ECDelegation with Europol assistance (possible
evaluation input provided by UNODC)
Possible visit of EMCDDA to Russia (tbc)
/EMCDDA
Common Space objectives
2.3 Organised crime
(Other than in the Action Plan)
(2) - implement the U Convention
against Transnational Organised Crime
and the relevant Protocols that have
entered into force
(3) - expand and intensify the use of the
EU-Russia Liaison Officers' network
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Finland is prepared to study the possibility to
devote effort during its EU-presidency to
arrange a high level meeting of the heads of
the operative law enforcement authorities of
the Member States and Russia, in the context
of the LO / Presidency, Member States,
Russia and Commission
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(4) - implement the agreement on
cooperation between Europol and the
Russian Federation signed in Rome on 6
ovember 2003, in order to enhance
cooperation to fight organised crime
DELETED
DELETED
(5) - prepare for the next
Europol/Russia agreement to include
data protection enabling the exchange of
personal data
DELETED
DELETED
(6) - as an important step towards an
Europol-Russia operational agreement,
ratify and implement the Council of
Europe Convention from 1981 for the
Protection of Individuals with regard to
Automatic Processing of Personal Data
(7) - increase exchange of information
related to terrorism and organised crime
between EU Member States and Russian
law enforcement agencies as well as
Europol within existing legal framework,
e.g. by using the EU-Russia Liaison
Officers’ network as an intermediary
step before conclusion of an operational
agreement between Europol and Russia
(8) - develop cooperation based on the
contact points established in Eurojust
and the General Prosecutor’s Office of
the Russian Federation
The Presidential adviser Victor Ivanov has on two JLS PPC Ministerials
(Oct 2004 and March 2005) confirmed that Russia will sign the 1981
Council of Europe convention on protection of personal data. The issue of
exploring the needed legal changes in Russia to adopt this concept has
been entrusted to the Ministry for Foreign Affairs, which thinks that 2-3
years time is needed.
Support Russian efforts to make the necessary
legal adaptations in order to ratify and
implement the 1981 Council of Europe
convention on protection of personal data/
Member States and Commission
Russia would like to exchange information on terrorism and organised
crime with the EU. Under present circumstances, which do not allow for
such exchange of data, data from Russian law enforcement authorities may
still be transmitted directly to EU Member States or to Europol via a
Member State Liaison Officer in Moscow
So far there are no reports that Russia has used
this channel to Europol. To follow up with
Europol/ Commission.
Russia has expressed a will to strengthen judicial co-operation in criminal
matters. Mr Ivanov visited Eurojust in October 2003. This was followed
by visits of Mr Ivliev in March 2004 as newly appointed Eurojust contact
point, and Mr Safonov, Russian coordinator for external aspects of
organised crime/terrorism, in March 2005. Existing Eurojust cooperation
with the Russia contact point in the Prosecutor General’s Office needs to
be improved. To move further, Eurojust is ready to exploring the
possibility of an agreement with the Russian General Prosecutor’s office
Co-operation between the respective parties is both valuable in content and
efficient in implementation. In this context, the European Anti-Fraud
To encourage Russia to respond to the
Eurojust suggestion for closer cooperation.
The EU should inquire about this at the next
JLS PPC ministerial, or any other similar
opportunity Commission/Presidency
(9) - establish reliable channels of
information exchange between
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For the moment the situation seems to be
satisfactory. Commission
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competent services of the Customs
of the EU Member States and Russia
coordinated by the European AntiFraud Office to improve coordination
and increase effectiveness of joint efforts
(10) - build up the capacity of law
enforcement authorities by developing
structures and procedures for improved
information exchange in crime
investigations through organising
remote access to information resources
using the Interpol network
(11) - cooperate in new crime areas, e.g.
Information and Communication
Technology related crime, in particular
child pornography
(12) - invite each other to participate in
bilateral law enforcement operations
organised by individual EU Member
States or Russia
(13) - foster cross-border cooperation
with neighbouring Member States, by
promoting national interservice
cooperation between different ministries
and law enforcement agencies, starting
with regions with intensive border traffic
(14) - explore the possibility of using the
working practices of the Baltic Sea Task
force to improve in particular
operational law enforcement
cooperation between the EU and Russia
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Office (OLAF) maintains formal points of contact with the Russia Federal
Customs Service, in particular, with its Central Enforcement Department.
Ongoing projects in this sector include a Mutual Information System (MIS)
that continues to function well. However, the scope of such contacts could
be extended to include, where appropriate, matters involving cigarette
smuggling and counterfeiting.
This point refers specifically to a 2004 Tacis project to develop structures
and procedures for information exchange to ensure that the Interpol unit of
the National Central Bureau at the Ministry for the Interior of the Russian
Federation and its remote access work stations are able to deal with
international crime investigation in cooperation with counterparts in other
countries.
An Interpol database is being created as follow up to G 8 work on internet/
child pornography. Another possibility might be to explore the possibility
to develop contacts between the newly created EU European Network
Information Security Agency and an appropriate Russian is taking part in
Baltic Sea Task Force work on high tech crime (forerunner Estonia).
Finnish police and customs authorities have organised several bilateral law
enforcement operations with Russian counterparts in the past. Finland has
every intention of organising them also in the future both in bilateral and
multilateral context (especially within Baltic Sea Task Force).
Commission and Russia are in the Tacis 2005 programme discussing a € 4
million organised crime project to foster cross-border cooperation with
neighbouring Member States by promoting interservice cooperation
between different ministries and law enforcement agencies starting with
the border traffic with the Kaliningrad region, see also above i) (h). The
idea is to lay the ground for a viable form of integrated border management
between Russia and bordering EU Member States. Local bilateral joint
operations are taking place: (Narva-Ivangorod), (Tallinn-St.Petersburg)
Every year there are 5-6 Operational Committee (OPC) meetings and 1-2
Task Force meetings. Areas of cooperation are: stolen vehicles, trafficking
in human beings and cyber crime. Most natural way to make use of the
good working practices of the Baltic Sea Task Force in EU-Russia
relations would be to integrate this in the Russia-Europol cooperation. The
experience of several different experts groups might be useful.
GS/hm
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The Tacis Action Programme 2004 is now
signed by Russia. Terms of Reference need to
be prepared with Interpol. Commission
Additional possibilities to be explored by
Commission/ Presidency and Member
States.
Information of bilateral law enforcement
operations to be provided by Finland and
possibly other Member States; Presidency/
Member States
Programming process to continue with signing
expected in 2005; Commission.
Along the common EU-Russia border there is
a need to conclude bilateral agreements on
combating organised crime to allow for local
cooperation.
Finland is currently holding the presidency of
the Baltic Sea Task Force and its Operative
Committee. Finland therefore has declared its
readiness to make an effort to introduce the
working methods and best practises of the
Task Force during its EU-presidency.
Contributions to specific areas of cooperation
(drugs, stolen cars, smuggling) is obligation
also for other participating states. Member
States, Russia and Commission
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(15) - explore the possibility to sign,
ratify and implement the U Protocol
against illicit manufacturing of and
trafficking in firearms, their parts and
components and ammunition,
supplementing the U Convention
against Transnational Organised Crime
(16) - improve the legal framework
regulating the acquisition and possession
of firearms
(17) - exchange information, through
Europol, to prevent activities of
organisations, groups and/or
individuals involved in international
terrorist and organised crime activities
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Russia has not yet signed the UN Protocol against illicit manufacturing of
and trafficking in firearms (not yet entered into force). The reason for this
is not known as trafficking of arms and explosives was noted as areas
where special attention should be devoted in the EU-Russia Action Plan.
Russia has in the Baltic Sea Task Force reported about the increased links
between trafficking in firearms, organised crime and terrorism.
EU harmonised its security rules on firearms when single market was
introduced, thus EC directive 1991/477, already contains a common EU
definition of good standards for acquisition, possession and transport of
firearms (see also 1993/216/EEC:COM Recommendation of 25 February
1993 on European firearms pass for sportsmen). These standards will be
reviewed to match level required by UN Protocol. Moreover, there is
discussion on a Swedish proposal in the Council police co-operation
working party aiming at setting common standards for tracing of firearms.
Russia would like to enter into a dialogue with the EU on possible actions
to prevent activities of organisations, groups and/or individuals involved in
international terrorist and organised crime activities. The EU response was
to suggest that such information exchange is channelled via Europol.
DELETED
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The Russian position need to be clarified
regarding the UN Protocol against illicit
manufacturing of and trafficking in firearms.
Presidency, Member States and Commission
EU needs to underline importance of
combating illicit trafficking of firearms also in
regard to combating terrorism Presidency,
Member States and Commission.
EU and Russia seems to have a common
interest to enter into a dialogue on how to
improve legal framework regulating firearms.
Dialogue could take be organised in the form
of a seminar; Member States/Commission
DELETED
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Russian ratification of International Instruments, listed as important in combating organised crime
Convention
Signature
Ratification
Entry into Force
07/11/96
Protocols signed on same
day
07/11/96
Protocol signed on same
day
07/05/99
10/12/99
Protocols ratified on same
day
10/12/99
Protocol ratified on same
day
02/08/01
09/03/00
Protocols entered into force
on same day
09/03/00
Protocol entered into force on
same day
01/12/01
UN convention against Illicit traffic in Narcotic drugs and psychotropic substances, 1988
European Convention on Suppression of terrorism 1977
19/01/89
07/05/99
04/11/00
17/12/90
05/02/01
Convention for the Suppression of Counterfeiting currency, Geneva 1929
20/04/29
13/07/31
11/10/31
-
European Convention on Extradition 1957
and additional protocols from 1975 and 1978
European Convention on Mutual Assistance in Criminal Matters 1959; and additional
protocol from 1978
Convention on Laundering, Search, seizure and confiscation of the proceeds from crime,
Strasbourg 1990
UN Convention against Transnational Organised Crime and the two Protocols on
trafficking in persons and smuggling of migrants
12/12/2000
26/05/2004
Protocols signed on same
day
Protocols signed on same
day
Second additional protocol to the 1959 European Convention on
Mutual Assistance in Criminal Matters
U Protocol against illicit manufacturing of and trafficking in
firearms
Council of Europe Criminal Law Convention on Corruption, 1999
ot yet signed
-
ot yet signed
-
-
27/01/99
ot yet ratified
-
Council of Europe Civil Law Convention on Corruption, 1999
ot yet signed
-
-
ot yet ratified
-
Council of Europe Convention for the protection of Individuals with
regard to Automatic Processing of Personal Data, 1981
07/11/01
Council of Europe Convention on the Protection of the Environment
through Criminal Law, Strasbourg 1998 (convention not yet entered
into force)
ot yet signed
-
-
Agreement on Illicit trafficking by sea, implementing Article 17 of the
United ations convention against illicit traffic in narcotic drugs and
psychotropic substances, Strasbourg 1995
ot yet signed
-
-
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