EUR-Lex - 31998F0699 - EN Avis juridique important | 31998F0699 98/699/JHA: Joint Action of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime Official Journal L 333 , 09/12/1998 P. 0001 - 0003 JOINT ACTION of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime (98/699/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and, in particular, Article K.3(2)(b) thereof,Having regard to the initiative of the United Kingdom,Having regard to the action plan of the High Level Group on Organised Crime approved by the Amsterdam European Council on 16 and 17 June 1997, and in particular recommendation 26(b) on strengthening the tracing and seizure of the proceeds from crime,Having examined the views of the European Parliament following the consultation conducted by the Presidency in accordance with Article K.6 of the Treaty on European Union,Having regard to the Joint Actions of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level for international undertakings in the fight against organised crime (1), and of 19 March 1998, establishing a programme of exchanges, training and cooperation for persons responsible for action to combat organised crime (Falcone Programme) (2),Considering the commitment of Member States of the principles of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 1990,Having regard to the proposed Joint Action on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union, and in particular to the offences covered by that Joint Action,Considering the requirements of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering (3), and the 40 recommendations to combat money laundering of the Financial Action Task Force on Money Laundering (FATF) as formulated in 1996, and in particular recommendation 4 thereof,Having regard to 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 addiction and to prevent and combat illegal drug trafficking (4),Mindful of the common objective of improving coordination between law enforcement authorities,Recalling the Joint Action on the creation of a European Judicial Network, adopted by the Council on 29 June 1998 (5),Whereas the potential for disrupting criminal activity in the field of organised crime, by more effective cooperation between Member States in identifying, tracing, freezing or seizing, and confiscating the assets deriving from crime, is being improved;Whereas mutually compatible practices are making cooperation at European level more efficient at identifying, tracing, freezing or seizing, and confiscating illegal assets;Whereas recommendation No 16 of the abovementioned action plan to combat organised crime emphasised the need to accelerate procedures for judicial cooperation in matters relating to organised crime, while considerably reducing delay in transmission and responses to requests;Considering the Member States' adherence to the 1959 European Convention on Mutual Assistance in Criminal Matters;In the light of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and the 1998 United Nations General Assembly Special Session on Drugs;Recognising the achievement of the 1996 Dublin Seminar on asset confiscation in identifying obstacles to effective cooperation;On the understanding that the forms of cooperation laid down in this Joint Action are without prejudice to other forms of bilateral or multilateral cooperation,HAS ADOPTED THIS JOINT ACTION:Article 1 1. In order to enhance effective action against organised crime, Member States shall ensure that no reservations are made or upheld in respect of the following Articles of the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (hereinafter referred to as 'the 1990 Convention`):(a) Article 2: in so far as the offence is punishable by deprivation of liberty or a detention order of a maximum of more than one year;(b) Article 6: in so far as serious offences are concerned. Such offences should in any event include offences which are punishable by deprivation of liberty or a detention order of a maximum of more than one year, or, as regards those States which have a minimum threshold for offences in their legal system, offences punishable by deprivation of liberty or a detention order of a minimum of more than six months.Point (a) shall not affect reservations made with regard to the confiscation of proceeds from offences punishable under legislation on taxation.2. Each Member State shall ensure that its legislation and procedures on the confiscation of the proceeds from crime shall also allow for the confiscation of property the value of which corresponds to such proceeds, both in purely domestic proceedings and in proceedings instituted at the request of another Member State, including requests for the enforcement of foreign confiscation orders. However, Member States may exclude the confiscation of property the value of which corresponds to the proceeds from crime in minor cases. The words 'property`, 'proceeds`, and 'confiscation` shall have the same meaning as in Article 1 of the 1990 Convention.3. Each Member State shall ensure that its legislation and procedures enable it to permit the identification and tracing of suspected proceeds from crime at the request of another Member State where there are reasonable grounds to suspect that a criminal offence has been committed. Such legislation and procedures shall enable assistance to be given at the earliest possible stages in an investigation, and to that end, Member States will endeavour to restrict their use of the optional gorunds for refusal in respect of other Member States under paragraphs 2 and 3 of Article 18 of the 1990 Convention.Article 2 1. Within the framework of the functioning of the European Judicial Network, each Member State shall prepare a user-friendly guide, including information about where to obtain advice, setting out the assistance it can provide in identifying, tracing, freezing or seizing and confiscating instrumentalities and the proceeds from crime. The guide shall also include any important restrictions on such assistance and the information which requesting States should supply.2. The General Secretariat of the Council of the European Union shall be sent the guides referred to in paragraph 1 and shall translate them into the official languages of the institutions of the European Community. The General Secretariat shall distribute the guides to Member States, the European Judicial Network and Europol.3. Each Member State shall ensure that the guide referred to in paragraph 1 is kept up to date and that any changes are sent to the General Secretariat of the Council for translation and distribution in accordance with paragraph 2.Article 3 Member States shall give the same priority to all requests from other Member States which relate to asset identification, tracing, freezing or seizing, and confiscation as is given to such measures in domestic proceedings.Article 4 1. Member States shall encourage direct contact between investigators, investigating magistrates and prosecutors of Member States making appropriate use of available cooperation arrangements, to ensure that requests for assistance through formal channels are not made unnecessarily. When a formal request is necessary, the requesting State shall ensure that it is properly prepared and meets all the requirements of the requested State.2. Where it is not possible to execute a request for assistance in the manner expected by the requesting State, the requested State shall endeavour to satisfy the request in some alternative way, after appropriate consultation with the requesting State, while fully respecting national legislation and international obligations.3. Member States shall submit requests for assistance as soon as the precise nature of the assistance required is identified and, where a request is marked 'urgent` or a deadline is indicated, explain the reasons for the urgency or deadline.Article 5 1. Member States shall, where it is not contrary to their law, take all necessary steps to minimise the risk of assets being dissipated. Those steps shall include such measures as may be necessary to ensure that assets which are the subject of a request from another Member State may be frozen or seized expeditiously so that a later confiscation request is not frustrated.2. Where, in the course of fulfilling a request for legal assistance in one area of a Member State the need arises to pursue further enquiries in another area of that Member State, the Member State shall, where it is not contrary to its law, take all possible steps to enable the necessary assistance to be rendered without the need for preparation of a further letter of request.3. Where the execution of a request leads to the need to pursue further enquiries on a related issue, and the requesting State issues a supplementary letter of request, the requested State shall, where it is not contrary to its law, take all possible steps to expedite the execution of such a supplementary request.Article 6 1. Member States shall ensure that arrangements are in place to acquaint their judiciary with best practice in international cooperation in the identification, tracing, freezing or seizing, and confiscation of instrumentalities and the proceeds from crime.2. Member States shall ensure that appropriate training, reflecting best practice, is provided to all investigators, investigating magistrates, prosecutors and other officials concerned with international cooperation in asset identification, tracing, freezing or seizing and confiscation matters.3. The Presidency and interested Member States, in cooperation as appropriate with the European Judicial Network and Europol, shall as necessary arrange seminars for officials from Member States and other practitioners involved to promote and develop best practice and to encourage compatibility of procedures.Article 7 The Council shall, before the end of 2000, review this Joint Action in the light of the results of the operation of the Joint Action of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime.Article 8 1. Subject to paragraph 2, Member States shall take all appropriate steps to implement this Joint Action as soon as it enters into force, and shall ensure that its contents are brought to the attention of their relevant national and local authorities.2. Appropriate proposals for the implementation of Article 1 shall be submitted by Member States within three years of the entry into force of this Joint Action for consideration by the competent authorities with a view to their adoption.Article 9 This Joint Action shall be published in the Official Journal and shall enter into force on the day of its publication.Done at Brussels, 3 December 1998.For the CouncilThe PresidentK. SCHLÖGL(1) OJ L 344, 15. 12. 1997, p. 7.(2) OJ L 99, 31. 3. 1998, p. 8.(3) OJ L 166, 28. 6. 1991, p. 77.(4) OJ L 342, 31. 12. 1996, p. 6.(5) OJ L 191, 7. 7. 1998, p. 4.

Summary: Identification and confiscation of instrumentalities and proceeds from crime Identification and confiscation of instrumentalities and proceeds from crime The European Union (EU) aims to increase the effectiveness of cooperation between EU countries in identifying, tracing, freezing, seizing and confiscating proceeds from crime in order to counter criminal activity in the field of organised crime. ACT Joint Action 98/699/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime [See amending act(s)]. SUMMARY To improve cooperation between European Union (EU) countries in the fight against organised crime, this joint action provides for the preparation, within the scope of operations of the European Judicial Network, of user-friendly guides on identifying, tracing, freezing or seizing and confiscating of instrumentalities and proceeds from crime. Each EU country must ensure that its guide is up-to-date and includes information on: where to obtain assistance; the assistance it is prepared to provide and the restrictions thereto; the information a country requesting assistance must supply. These guides are sent to the General Secretariat of the Council, which translates them and distributes them to the EU countries, the European Judicial Network and Europol. EU countries must promote direct contacts through the existing cooperation arrangements between their investigators, investigating magistrates and prosecutors, with a view to ensuring that no unnecessary requests for assistance are made through formal channels. To make a formal request for assistance, the requesting EU country must first identify the precise nature of the assistance it needs. The request for assistance must be properly prepared and meet the requirements that the requested EU country has set down for such requests. In case the request is labelled as “urgent”, the requesting country must provide the reasons thereof. If the requested country cannot execute the request for assistance in a way expected by the requesting country, it must consult the requesting country and attempt to execute the request in an alternative way. EU countries must ensure that their judiciary is acquainted with best practice in international cooperation on the identification, tracing, freezing or seizing and confiscation of instrumentalities and proceeds from crime, as well as that all officials concerned with international cooperation in this area are provided with appropriate training. References Act Entry into force Deadline for transposition in the Member States Official Journal Joint Action 98/699/JHA 9.12.1998 - OJ L 333, 9.12.1998 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Framework Decision 2001/500/JHA 5.7.2001 31.12.2002 OJ L 182, 5.7.2001 Successive amendments and corrections to Joint Action 98/699/JHA have been incorporated in the basic text. This consolidated version is for reference purposes only. RELATED ACTS Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property [Official Journal L 68 of 15.3.2005]. This framework decision supplements the arrangements provided for by Framework Decision 2001/500/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime. It requires each EU country to take the necessary measures to enable it to confiscate, either wholly or in part, instrumentalities and proceeds from criminal offences that are punishable by deprivation of liberty for more than one year, or property of a value corresponding to such proceeds. In relation to tax offences, EU countries may use procedures other than criminal procedures to deprive the perpetrator of the proceeds of the offence. The aim of the framework decision is to ensure that all EU countries have effective rules governing the confiscation of proceeds from crime, especially in relation to the onus of proof regarding the source of assets held by a person convicted of an offence related to organised crime. Last updated: 14.03.2011


EUR-Lex - 31998F0700 - EN Avis juridique important | 31998F0700 98/700/JHA: Joint Action of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) Official Journal L 333 , 09/12/1998 P. 0004 - 0007 JOINT ACTION of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (98/700/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article K.3(2)(b) thereof,Whereas Article K.1(3) of the Treaty provides that immigration policy and policy regarding nationals of third countries are matters of common interest;Whereas the fight against false documents is an area covered by immigration policy and police cooperation; whereas the proliferation of genuine and false documents necessitates frequent updating; whereas the fact that the techniques used to produce genuine documents and their counterfeits are increasingly sophisticated also necessitates a high-quality medium;Whereas the European Fraud Bulletin and the Handbook of Genuine Documents do not fully meet the requirements of speed and accuracy of reproduction, which is why the use of a computerised image archiving system, with proper training for the staff concerned, is a key element in any overall strategy designed to meet the needs of the Member States;Whereas several Member States have computerised image archiving systems which they are in the process of putting into operation;Whereas, in order to ensure a high level of control by the Member States, it would be useful to introduce a computerised image archiving system providing access to document checkers in the Member States; whereas this system should enable users to have at their disposal information on any new forgery methods that are detected and on the new genuine documents that are in circulation;Whereas, in order to ensure that the information in the system is compatible and uniform, it is necessary to draw up procedures for the preparation of Member States' contributions for inclusion in the system and procedures for controlling and verifying such contributions;Whereas this Joint Action does not affect the competence of the Member States relating to the recognition of passports, travel documents, visas, or other identity documents,HAS ADOPTED THIS JOINT ACTION:Article 1 1. A European image archiving system shall be set up for the purpose of exchanging, by computerised means and within very short periods of time, information which the Member States possess concerning genuine and false documents that have been recorded in accordance with the procedures set out in the Annex to this Joint Action.2. This system shall not replace or eliminate ordinary exchanges on paper until all the Member States are in a position to use the computerised system.Article 2 The database of the system shall contain, among other things, the following information:(a) images of false and forged documents;(b) images of genuine documents;(c) summary information on forgery techniques;(d) summary information on security techniques.Article 3 The setting up of the European system shall not prevent each Member State from developing and using its own national system corresponding to the requirements of the national border services and the internal services responsible for the verification of documents.Article 4 The Council shall adopt without delay the technical specifications relating to compatibility with existing systems, to the entering of information in the system and to the procedures for controlling and verifying such information.Article 5 This Joint Action shall be published in the Official Journal and enter into force on the day following that of its publication.Article 1 shall apply no later than 12 months after the measures referred to in Article 4 are adopted.Done at Brussels, 3 December 1998.For the CouncilThe PresidentK. SCHLÖGLANNEX EUROPEAN IMAGE ARCHIVING SYSTEM A computerised system shall be created within the General Secretariat of the Council, which shall contain genuine documents, together with false and forged documents.The name of the European system is FADO (False and Authentic Documents).1. Description of the system - the system shall be read from one central service located in each Member State,- the system shall be based on the Internet technology. The system shall ensure that the information can be transmitted quickly to the national central services. As soon as the information has been given to the General Secretariat of the Council, it shall be entered as quickly as possible into the FADO system. Each Member State shall be responsible for adding these data to its own national system or copy of the FADO system,- the system shall be multilingual,- the system shall be 'user-friendly`,- the system shall be based on a very strict codification. The security of the information contained in the computerised system shall be guaranteed. The system shall use special data lines between the General Secretariat of the Council and the central services located in the Member States,- within each Member State, the system shall be read through a secure internet from a central service. The Member State may use the same system internally on its own territory (which means connecting different stations at its various border control posts or other competent authorities). There shall be no direct link between a workstation, other than a national central service, and the central point in the General Secretariat. A mechanism shall be created to duplicate and update the system located in the Member States from the FADO system (tape, removable discs, CD-ROM etc.),- each Member State shall be free to develop its own national secure system for internal data transmission,- the FADO system shall work through a network between the central point within the General Secretariat and the central services located in each Member State, which will allow for the rapid exchange of information,- as documents will be sent electronically to enable them to be entered in the existing national systems, the format used for the images shall be a standard one (JPEG, TIFF, BMP, etc.). The image quality shall be the best one possible, but there shall also be a proper balance between the image quality, the size and the compression,- zoomed images shall, if necessary, be available for the important parts of the image,- the system shall allow for a comparison on the screen between the original document and a false or forged document,- the system shall provide explanations on different forgery techniques and on security techniques,- cross-references shall be necessary in order to enable the users to find all the information about a document very quickly,- first priority shall be given to the documents of the Member States, as well as to the documents of third countries from where there are regular immigration flows to the Member States. The information in the system shall be extended and updated to include all other documents, making it as complete as possible,- the system shall introduce a 'flash` which would entail sending a warning to all Member States about a particular false document via e-mail,- the system shall have more than one level. The possibility of developing an additional level of query, in order to include more detailed information for experts, shall be borne in mind from the outset,- the system shall contain a special zone for the inclusion of documents which are not recognised by one or more Member States.2. Costs of the system The costs relating to the setting up and running of the FADO system will consist of the acquisition of technical equipment and staffing costs. Since the FADO system is designed purely for the electronic archiving and transmission of documents, which is currently done in hard-copy form, such costs will constitute administrative expenditure for the Council, within the meaning of Article K.8(2), first sentence of the Treaty on European Union.

Summary: Combating document fraud: FADO image-archiving system Combating document fraud: FADO image-archiving system SUMMARY OF: Joint Action 98/700/JHA concerning the setting up of a European image-archiving system WHAT IS THE AIM OF THE JOINT ACTION? It sets up a European Union (EU) internet-based image archiving system known as FADO (False and Authentic Documents Online). This allows the rapid sharing between EU countries of images of genuine, false and forged documents, in order to aid in combating document and identity fraud. Joint Action 98/700/JHA is repealed and will be replaced in a few years by Regulation (EU) 2020/493 (see summary), although the existing information has been transferred to the new FADO system to be set up by the European Border and Coast Guard Agency. KEY POINTS The system is multilingual, designed to be user-friendly and based on very strict codification to ensure the standardisation and security of the information. One central service in each participating country links to the General Secretariat of the Council of the EU, but each EU and Schengen country is free to copy the system or develop its own system for secured internal data distribution. The system ensures that the information can be transmitted quickly to the national central services. The setting up of the EU system does not prevent EU countries from developing their own national systems to meet their own border security and document verification requirements. The system is in particular designed to allow for: viewing zoomed images of documents, where necessary;on-screen comparison between original and forged documents;access to information on forgery and security techniques;cross-referencing so that users can find related information rapidly;notifications about particular false documents. Priority is given to EU countries’ documents and those of non-EU countries from where there are regular immigration flows. On 1 December 2014, the United Kingdom (1) notified the European Commission that in the field of police cooperation it wished to go on participating in the joint action. This was confirmed by Commission Decision 2014/858/EU. Repeal Joint Action 98/700/JHA is repealed by Regulation (EU) 2020/493. FROM WHEN DOES THE JOINT ACTION APPLY? It has applied since 10 December 1998. BACKGROUND The increasing number of genuine and false travel, identity and other supporting documents, such as passports, residence permits and visas, and increasingly sophisticated forgery techniques mean that the tools needed to combat document and identity fraud have to include fast and efficient information sharing. For more information, see: Document security (European Commission). MAIN DOCUMENT Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (OJ L 333, 9.12.1998, pp. 4-7) RELATED DOCUMENTS Commission Decision 2014/858/EU of 1 December 2014 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis (OJ L 345, 1.12.2014, pp. 6-9) Council Decision 2000/261/JHA of 27 March 2000 on the improved exchange of information to combat counterfeit travel documents (OJ L 81, 1.4.2000, pp. 1-3) last update 20.05.2020(1) The United Kingdom withdrew from the European Union and became a third country (non-EU country) as of 1 February 2020.


EUR-Lex - 31998F0429 - EN Avis juridique important | 31998F0429 98/429/JHA: Joint Action of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing a mechanism for collective evaluation of the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs Official Journal L 191 , 07/07/1998 P. 0008 - 0009 JOINT ACTION of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing a mechanism for collective evaluation of the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs (98/429/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article K.3(2)(b) thereof,Having regard to the conclusions of the European Council at Copenhagen in 1993 and Luxembourg in 1997,Having regard to the conclusions of the meeting of the Council at Brussels on 19 March 1998,Whereas it is desirable to establish a mechanism which enables experts from the Member States and the Commission to evaluate collectively within the framework of the Council the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs;Whereas these evaluations should be taken into account by the Commission in the adjustment of the priorities and objectives of the Accession Partnerships and within the established structures of the European Union in the context of future discussions on enlargement,HAS ADOPTED THIS JOINT ACTION:Article 1 Objective 1. Without prejudice to the competence of the Community or to the established structures for determining the position of the Member States in accession negotiations, a mechanism for collective evaluation of the enactment, application and effective implementation by the States which are candidates for accession to the European Union (the candidate countries) of the acquis of the Union in the field of Justice and Home Affairs shall be established in accordance with the provisions set out below.2. Each Member State shall ensure that its national authorities cooperate fully in implementing the mechanism for collective evaluation established under this Joint Action (the evaluation mechanism).Article 2 Group of experts 1. A group of experts, to be established in accordance with the Council's rules of procedure under the supervision of the Committee of Permanent Representatives of the Member States (Coreper), shall have the task of preparing and keeping up-to-date collective evaluations of the situation in the candidate countries on the enactment, application and effective implementation of the acquis of the Union in the field of Justice and Home Affairs.2. One or more Member States, in close association with the Commission, may give particular assistance in preparing and maintaining for a particular candidate country comprehensive reports which would form the basis of the evaluations referred to in paragraph 1, taking account of information made available under Article 3.3. The group of experts shall avoid duplication of work already undertaken and overlap with other activities undertaken by the Union in this field.Article 3 Compilation of information 1. All relevant material relating to the enactment, application and effective implementation by the candidate countries of the acquis of the Union in the field of Justice and Home Affairs shall be made available to the group of experts by the Member States and the Commission to enable the group to prepare and maintain collective evaluations of the situation in each candidate country and an assessment of possible problem areas.2. The evaluations referred to in paragraph 1 shall as a first step draw in particular on:- information provided individually and collectively by Member States based on their direct experience of working with the candidate countries, including information available within Schengen,- reports, as appropriate, from Member States' Embassies and Commission delegations in the candidate countries, on the basis, where necessary, of a questionnaire to be prepared by the group of experts,- information available to the Commission through its role in the overall process of accession, including reports from missions conducted in the framework of the PHARE programme,- reports of the Council of Europe on the implementation of Council of Europe Conventions and recommendations, or by any other sources which are deemed to be relevant with regard to the content of the acquis.3. If additional information is considered necessary, ad hoc teams of representatives and experts of Member States and the Commission shall be formed to carry out further missions on specific aspects, without overburdening the candidate countries. The decision whether to establish such missions and their composition, timing and terms of reference shall be decided by the Council, acting by qualified majority, on advice from the group of experts, in close cooperation with the Commission.Article 4 Progress and results of the evaluation mechanism 1. The group of experts shall, through Coreper and in close cooperation with the Committee established under Article K.4 of the Treaty and with other Council bodies involved in the enlargement process, report to the Council on the progress and results of the evaluations. The group shall also keep other relevant Council bodies informed of its work.2. The Commission is invited to take account of the collective evaluations in its proposals for significant adjustment of the priorities and objectives of the accession partnerships, which shall be submitted to the Council for decision in accordance with Article 2 of Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships (1). These evaluations shall also be taken into consideration within the established structures of the European Union in the context of future discussions on enlargement.Article 5 Review of the evaluation mechanism No later than one year after the entry into force of this Joint Action, the Council shall examine the operation and scope of the evaluation mechanism and shall, if appropriate, make adjustments to it.Article 6 Entry into Force This Joint Action shall enter into force on the day of its publication in the Official Journal.Article 7 Publication This Joint Action shall be published in the Official Journal.Done at Luxembourg, 29 June 1998.For the CouncilThe PresidentR. COOK(1) OJ L 85, 20. 3. 1998, p. 1.

Summary: Mechanism for collective evaluation of the application by applicant countries of the European Union acquis Mechanism for collective evaluation of the application by applicant countries of the European Union acquis 1) OBJECTIVE A mechanism is to be established under the pre-accession strategy for national and Commission experts to evaluate collectively - within the framework of the Council - the enactment, application and effective implementation by the applicant countries of the European Union acquis. 2) UNION MEASURE Joint Action 98/429/JHA of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing a mechanism for collective evaluation of the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs. 3) CONTENTS The collective evaluation mechanism consists of a group of experts who, under the Coreper's supervision, will prepare and update collective evaluations of the applicant countries' enactment, application and effective implementation of the European Union acquis in the field of justice and home affairs. One or more Member States, in close association with the Commission, may provide particular assistance in preparing and updating comprehensive reports for a particular applicant country. These reports will form the basis of the evaluations referred to above (Article 2). All the relevant information will be made available by the Member States and the Commission to the group of experts so it can prepare and update collective evaluations for each applicant country and make an assessment of potential problem areas (Article 3). Evaluations will be based on four categories of information: information provided individually and collectively by Member States based on their direct experience of working with the applicant countries, including information available within Schengen; where appropriate, reports from Member States' embassies and Commission delegations in the applicant countries compiled, if necessary, on the basis of a questionnaire to be prepared by the group of experts; information to which the Commission has access through its role in the overall process of accession, including reports from missions under the Phare programme; reports by the Council of Europe on the implementation of Council of Europe conventions and recommendations, or reports by any other sources which are considered relevant to the content of the acquis. Additional information may be required for more detailed evaluations of specific issues. Ad hoc teams of representatives and experts from the Member States and the Commission will be set up for this purpose (Article 3). The group of experts will report to the Council on the progress and results of the evaluations through Coreper and in close cooperation with the Committee established under Article K.4 of the Treaty and with other Council bodies involved in the enlargement process. The Commission has been asked to take account of the collective evaluations in its proposals for any significant adjustment of the priorities and objectives of the accession partnerships which have to be submitted for Council approval (Article 4). 4) deadline for implementation of the legislation in the member states 5) date of entry into force (if different from the above) 7 July 1998 6) references Official Journal L 191, 7.7.1998 7) follow-up work 8) implementing measures


EUR-Lex - 31998Y0617(01) - EN Avis juridique important | 31998Y0617(01) Council Recommendation of 28 May 1998 on the provision of forgery detection equipment at ports of entry to the European Union Official Journal C 189 , 17/06/1998 P. 0019 - 0020 COUNCIL RECOMMENDATION of 28 May 1998 on the provision of forgery detection equipment at ports of entry to the European Union (98/C 189/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article K.3(2), point (a) thereof,Having regard to the initiative presented by the United Kingdom,Whereas it is important to establish uniform levels of expertise and equipment for detecting forged documents at points of entry to the European Union,HEREBY RECOMMENDS TO THE GOVERNMENTS OF THE MEMBER STATES:to take the following steps to ensure uniform levels of equipment at ports of entry:1. Determining factorsThe equipment to be made available at points of entry should be determined by reference to the following factors:- amounts of passenger traffic,- current levels of abuse,- availability of reference material,- presence of control officers and standards of training provided.2. Recommended levels of provision(a) MINIMUM level: small entry points, or those not permanently manned, using staff trained only to a basic standard.Equipment required:Ultra-violet light source- fixed, for office use,- portable, for mobile use, e. g. on board trains, coaches, etc.;Magnification- Hand-held lenses,- large illuminated bench magnifying glass;Reference material- Manual of genuine EU documents,- European fraud bulletin;(b) INTERMEDIATE level: small to medium-sized entry points permanently manned by staff with basic training and the additional presence or availability of a document specialist trained to an intermediate standard.Equipment required:Ultra-violet light source- fixed, on each control desk and for office use,- portable, for mobile use, e. g. on board trains, coaches, etc.;Magnification- low power stereozoom microscope,- light source with flexible fibre-optic light guide,- light box;Reference material- manual of genuine EU documents,- European fraud bulletin;(c) UPPER level: permanently manned entry points encountering high levels of document abuse, staffed by a variety of trained personnel and document specialists.Equipment required:Ultra-violet light source- fixed, on each control desk and for office use,- portable, for mobile use, e. g. on board trains, coaches, etc.;Magnification- low power stereozoom microscope,- light source with flexible fibre-optic light guide,- light box;Infra-red scanning equipment- infra-red document examination apparatus;Reference material- manual of genuine EU documents,- European fraud bulletin.Done at Brussels, 28 May 1998.For the CouncilThe PresidentJ. STRAW

Summary: Detecting forged documents Detecting forged documents 1) OBJECTIVE To ensure uniform levels of skills and equipment for the detection of false documents at points of entry into the European Union. 2) UNION MEASURES Council Recommendation 98/C 189/02 of 28 May 1998 on the provision of forgery detection equipment at ports of entry to the European Union. Council Recommendation 99/C 140/01 of 29 April 1999 on the provision for the detection of false or falsified documents in the visa departments of representations abroad and in the offices of domestic authorities dealing with the issue or extension of visas. 3) CONTENTS The first Recommendation concerns the steps to be taken by Member State governments to ensure uniform levels of equipment at points of entry. The factors determining the equipment at points of entry are: the volume of passenger traffic; current levels of abuse; the availability of reference material; the presence of border control officers and the standard of training provided. This Recommendation cites three levels of provision (minimum, intermediate and upper) based on the qualifications of staff, the quality of the equipment required and the reference documents available. The second Recommendation concerns the equipment of visa departments to detect false or falsified documents. Depending on the number of visa applications and the scale of the problems encountered, the Council recommends, resources permitting, that the Member States use certain technologies, train staff and increase staffing. Cooperation could be established between consulates to share equipment where possible and train staff from more than one Member State at the same time. Annexed to the Recommendation is a list of the provision in human and material resources recommended by the Council in the light of the situation (low, intermediate or high risk of falsification and counterfeiting). 4) deadline for implementation of the legislation in the member states Not applicable 5) date of entry into force (if different from the previous date) Not applicable 6) references Official Journal C 189 of 17.06.1998Official Journal C 140 of 20.05.1999 7) follow-up work 8) implementing measures Last updated: 27.07.2005