EUR-Lex - 32003F0568 - EN Avis juridique important | 32003F0568 Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector Official Journal L 192 , 31/07/2003 P. 0054 - 0056 Council Framework Decision 2003/568/JHAof 22 July 2003on combating corruption in the private sectorTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 29, Article 31(1)(e) and Article 34(2)(b) thereof,Having regard to the initiative of the Kingdom of Denmark(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Along with globalisation, recent years have brought an increase in cross-border trade in goods and services. Any corruption in the private sector within a Member State is thus not just a domestic problem but also a transnational problem, most effectively tackled by means of a European Union joint action.(2) On 27 September 1996 the Council adopted the Act drawing up a Protocol to the Convention on the Protection of the European Communities' Financial Interests(3). The Protocol, which entered into force on 17 October 2002, contains definitions of and harmonised penalties for offences of corruption.(3) On 26 May 1997 the Council approved a Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union(4).(4) On 22 December 1998, the Council also adopted Joint Action 98/742/JHA on corruption in the private sector(5). In connection with the adoption of that Joint Action, the Council issued a statement to the effect that it agreed that the Joint Action represents the first step at European Union level towards combating such corruption, and that additional measures will be implemented at a later stage in the light of the outcome of the assessment which is to take place pursuant to Article 8(2) of the Joint Action. A report on Member States' transposition of that Joint Action into national law is not yet available.(5) On 13 June 2002 the Council adopted Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between the Member States(6), in which corruption is included in the list of offences falling within the scope of the European arrest warrant, in respect of which prior verification of double criminality is not required.(6) Under Article 29 of the Treaty on European Union, it is the Union's objective to provide citizens with a high level of safety within an area of freedom, security and justice, an objective to be achieved by preventing and combating crime, organised or otherwise, including corruption.(7) According to point 48 of the conclusions of the European Council meeting in Tampere on 15 and 16 October 1999, corruption is an area of particular relevance in establishing minimum rules on what constitutes a criminal offence in Member States and the penalties applicable.(8) An OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions was approved at a negotiating conference on 21 November 1997, and the Council of Europe has also approved a Criminal Law Convention on Corruption, which opened for signature on 27 January 1999. That Convention is accompanied by an Agreement establishing the Group of States against Corruption (GRECO). Negotiations have also been opened for a UN Convention on combating corruption.(9) Member States attach particular importance to combating corruption in both the public and the private sector, in the belief that in both those sectors it poses a threat to a law-abiding society as well as distorting competition in relation to the purchase of goods or commercial services and impeding sound economic development. In that context the Member States which have not yet ratified the European Union Convention of 26 May 1997 and the Council of Europe Convention of 27 January 1999 will consider how to do so as soon as possible.(10) The aim of this Framework Decision is in particular to ensure that both active and passive corruption in the private sector are criminal offences in all Member States, that legal persons may also be held responsible for such offences, and that these offences incur effective, proportionate and dissuasive penalties,HAS ADOPTED THIS FRAMEWORK DECISION:Article 1DefinitionsFor the purposes of this Framework Decision:- "legal person" means any entity having such status under the applicable national law, except for States or other public bodies acting in the exercise of State authority and for public international organisations,- "breach of duty" shall be understood in accordance with national law. The concept of breach of duty in national law should cover as a minimum any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or instructions, which apply within the business of a person who in any capacity directs or works for a private sector entity.Article 2Active and passive corruption in the private sector1. Member States shall take the necessary measures to ensure that the following intentional conduct constitutes a criminal offence, when it is carried out in the course of business activities:(a) promising, offering or giving, directly or through an intermediary, to a person who in any capacity directs or works for a private-sector entity an undue advantage of any kind, for that person or for a third party, in order that that person should perform or refrain from performing any act, in breach of that person's duties;(b) directly or through an intermediary, requesting or receiving an undue advantage of any kind, or accepting the promise of such an advantage, for oneself or for a third party, while in any capacity directing or working for a private-sector entity, in order to perform or refrain from performing any act, in breach of one's duties.2. Paragraph 1 applies to business activities within profit and non-profit entities.3. A Member State may declare that it will limit the scope of paragraph 1 to such conduct which involves, or could involve, a distortion of competition in relation to the purchase of goods or commercial services.4. Declarations referred to in paragraph 3 shall be communicated to the Council at the time of the adoption of this Framework Decision and shall be valid for five years as from 22 July 2005.5. The Council shall review this Article in due time before 22 July 2010 with a view to considering whether it shall be possible to renew declarations made under paragraph 3.Article 3Instigation, aiding and abettingMember States shall take the necessary measures to ensure that instigating, aiding and abetting the conduct referred to in Article 2 constitute criminal offences.Article 4Penalties and other sanctions1. Each Member State shall take the necessary measures to ensure that the conduct referred to in Articles 2 and 3 is punishable by effective, proportionate and dissuasive criminal penalties.2. Each Member State shall take the necessary measures to ensure that the conduct referred to in Article 2 is punishable by a penalty of a maximum of at least one to three years of imprisonment.3. Each Member State shall take the necessary measures in accordance with its constitutional rules and principles to ensure that where a natural person in relation to a certain business activity has been convicted of the conduct referred to in Article 2, that person may, where appropriate, at least in cases where he or she had a leading position in a company within the business concerned, be temporarily prohibited from carrying on this particular or comparable business activity in a similar position or capacity, if the facts established give reason to believe there to be a clear risk of abuse of position or of office by active or passive corruption.Article 5Liability of legal persons1. Each Member State shall take the necessary measures to ensure that legal persons can be held liable for offences referred to in Articles 2 and 3 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:(a) a power of representation of the legal person;(b) an authority to take decisions on behalf of the legal person; or(c) an authority to exercise control within the legal person.2. Apart from the cases provided for in paragraph 1, each Member State shall take the necessary measures to ensure that a legal person can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence of the type referred to in Articles 2 and 3 for the benefit of that legal person by a person under its authority.3. Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are involved as perpetrators, instigators or accessories in an offence of the type referred to in Articles 2 and 3.Article 6Penalties for legal persons1. Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 5(1) is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties such as:(a) exclusion from entitlement to public benefits or aid;(b) temporary or permanent disqualification from the practice of commercial activities;(c) placing under judicial supervision; or(d) a judicial winding-up order.2. Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 5(2) is punishable by penalties or measures which are effective, proportionate and dissuasive.Article 7Jurisdiction1. Each Member State shall take the necessary measures to establish its jurisdiction with regard to the offences referred to in Articles 2 and 3, where the offence has been committed:(a) in whole or in part within its territory;(b) by one of its nationals; or(c) for the benefit of a legal person that has its head office in the territory of that Member State.2. Any Member State may decide that it will not apply the jurisdiction rules in paragraph 1(b) and (c), or will apply them only in specific cases or circumstances, where the offence has been committed outside its territory.3. Any Member State which, under its domestic law, does not as yet surrender its own nationals shall take the necessary measures to establish its jurisdiction with regard to the offences referred to in Articles 2 and 3, when committed by its own nationals outside its territory.4. Member States which decide to apply paragraph 2 shall inform the General Secretariat of the Council and the Commission accordingly, where appropriate with an indication of the specific cases or circumstances in which the decision applies.Article 8RepealJoint Action 98/742/JHA shall be repealed.Article 9Implementation1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision before 22 July 2005.2. By the same date, Member States shall transmit to the General Secretariat of the Council and the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. On the basis of a report established using this information and a written report from the Commission, the Council shall before 22 October 2005 assess the extent to which Member States have complied with the provisions of this Framework Decision.Article 10Territorial applicationThis Framework Decision shall apply to Gibraltar.Article 11Entry into forceThis Framework Decision shall enter into force on the day of its publication in the Official Journal of the European Union.Done at Brussels, 22 July 2003.For the CouncilThe PresidentG. Alemanno(1) OJ C 184, 2.8.2002, p. 5.(2) Opinion of 22 November 2002 (not yet published in the Official Journal).(3) OJ C 313, 23.10.1996, p. 1.(4) OJ C 195, 25.6.1997, p. 2.(5) OJ L 358, 31.12.1998, p. 2.(6) OJ L 190, 18.7.2002, p. 1.

Summary: Combating corruption in the private sector Combating corruption in the private sector SUMMARY OF: Framework Decision 2003/568/JHA on combating corruption in the private sector WHAT IS THE AIM OF THE DECISION? It criminalises both active* and passive corruption* in the private sector. Legal persons* may be held liable for such offences. It repeals Joint Action 98/742/JHA. KEY POINTS Inclusion of the concept of corruption in national criminal law EU countries are required to penalise acts intentionally carried out as part of business activities: corrupting a person: by promising, offering or giving directly or through an intermediary to a person who in any capacity directs or works for a private sector entity, an undue advantage of any kind, for that person or for a third party in order that that person should perform or refrain from performing any act in breach of that person’s duties*;demanding an undue advantage: a person requests or receives, directly or through an intermediary, an undue advantage of any kind, or accepts the promise of such an advantage, for him or herself or for a third party, while in any capacity directing or working for a private sector entity, in order to perform or refrain from performing any act in breach of one’s duties. The above applies to business activities within profit and non-profit entities. At the time of adoption, EU countries were able to limit the scope to conduct which involves or could involve a distortion of competition in relation to the purchase of goods or commercial services. This limitation is not valid anymore. Limitations were valid for 5 years from 22 July 2005. EU countries had to declare to the Council how they were going to act at the time of the adoption of this decision. Before 22 July 2010, the Council had to review declarations made by EU countries in relation to limitations. Liability of legal and natural persons The aim of this decision is to make not only natural persons, such as employees, but also legal persons, such as undertakings, liable. With regard to the liability of natural persons, EU countries must ensure that the acts referred to are liable to a maximum penalty of at least 1 to 3 years’ imprisonment. For example, if in an EU country, the conduct is criminalised by up to one year of imprisonment or in another, up to two years of imprisonment, both cases satisfy the criteria set by the framework decision. EU countries can also apply higher legal thresholds for the maximum term of imprisonment. The right to engage in business activities may be temporarily suspended. Instigation to commit one of the acts set out above or aiding or abetting such conduct must also be criminalised as an offence. Legal persons may be held liable for offences involving corruption if these are committed for their benefit by any natural person acting individually or who has a leading position within a legal person based on: a power of representation of the legal person;an authority to take decisions on behalf of the legal person;an authority to exercise control within the legal person. Penalties for legal persons may include criminal or non-criminal fines. Moreover, EU countries may consider exclusion from entitlement to public benefits or aid, temporary or permanent disqualification from the practice of commercial activities, etc. Jurisdiction Each EU country has jurisdiction if the offence has been committed: within its territory; by one of its nationals; for the benefit of a legal person that has its head office in the territory of that EU country. The decision applies to Gibraltar. This decision is affected by the judgment of the Court of Justice of the European Union in Case C-176/03 concerning the distribution of powers in criminal matters between the European Commission and the Council. FROM WHEN DOES THE DECISION APPLY? EU countries had to take the necessary measures to comply with the rules of the decision by 22 July 2005. BACKGROUND For more information, see: Corruption (European Commission). KEY TERMS Active corruption: giving bribes to a person to have them unlawfully accomplish an act within the exercise of their duties. Passive corruption: taking bribes. Legal persons: any entity having such status under the applicable national law, except for States or other public bodies acting in the exercise of State authority and for public international organisations. Breach of duty: must be understood in accordance with national law. The concept of breach of duty in national law must cover as a minimum any disloyal behaviour constituting a breach of a statutory duty, or a breach of professional regulations. MAIN DOCUMENT Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, pp. 54-56) RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council assessing the extent to which the Member States have taken the necessary measures in order to comply with Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (COM(2019) 355 final, 26.7.2019) last update 18.02.2020


EUR-Lex - 32003R1295 - EN Avis juridique important | 32003R1295 Council Regulation (EC) No 1295/2003 of 15 July 2003 relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympic Games in Athens Official Journal L 183 , 22/07/2003 P. 0001 - 0005 Council Regulation (EC) No 1295/2003of 15 July 2003relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympic Games in AthensTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and (b)(ii) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Olympic Charter envisages for members of the Olympic family a "right of entry" to the country of the city hosting the Olympic Games, on presentation of the Olympic accreditation card and their passport or other official travel document, without having to go through any procedures and formalities other than those relating to the accreditation card.(2) The organisations responsible select and propose the persons who may participate in the Olympic or Paralympic Games as members of the Olympic family, in accordance with the accreditation procedure laid down by the Organising Committee of the Olympic Games.(3) The Organising Committee of the Olympic Games issues accreditation cards to members of the Olympic family in view of the fact that the Games may be the target of terrorist attacks. The accreditation card is a highly secure document, which gives access to the specific sites where competitions are held and to other events planned during the Olympic and Paralympic Games.(4) Greece is organising the 2004 Olympic and Paralympic Games in Athens, this being the first time that such an event has been organised by a Member State applying in full the provisions of the Schengen acquis.(5) To enable Greece to organise the 2004 Olympic and Paralympic Games and in view of the obligations arising from the Olympic Charter, the Community should establish legislation facilitating the issue of visas to members of the Olympic family.(6) There is therefore a need to provide for a temporary derogation for the duration of the 2004 Olympic and Paralympic Games for members of the Olympic family who are nationals of third countries subject to the visa requirement under Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement(3).(7) The scope of this derogation should be limited to the provisions of the acquis concerning the submission of visa applications, the issuing of visas and their format. Equally, the methods of controlling the external borders should be adapted within the limits necessary to take into account changes in the visa system.(8) Visa applications for members of the Olympic family taking part in the 2004 Olympic or Paralympic Games should be submitted to the Organising Committee of the Olympic Games via the organisations responsible, at the same time as the application for accreditation. The accreditation application form shall contain basic data relating to the persons concerned, such as their full name, sex, date and place of birth and passport number, type and expiry date thereof. These applications shall be forwarded to the Greek services responsible for issuing visas.(9) Irrespective of this Regulation, members of the Olympic family may still submit individual applications for visas in accordance with the relevant acquis communautaire.(10) Where no specific provisions are laid down in this Regulation, the relevant provisions of the acquis communautaire on visas and controls at Member States' external borders should apply. In particular, the provisions of this Regulation relating to the issuing of visas are not applicable to members of the Olympic family who are nationals of third countries subject to a visa requirement but who hold a residence permit or a provisional residence permit issued by one of the Member States applying in full the provisions of the Schengen acquis.(11) The derogation arrangements established by this Regulation should be evaluated in the light of the experience of putting them into practice. Provision should therefore be made for an evaluation after the 2004 Olympic and Paralympic Games in order to assess how well these arrangements have worked in the perspective of the possible organisation of the Olympic Games by other Member States also applying in full the provisions of the Schengen acquis.(12) In accordance with the principle of proportionality, it is necessary and appropriate in order to give effect to the main objective of facilitating the issue of visas to the members of the Olympic family to adopt the temporary derogation established by this Regulation from certain Community provisions. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.(13) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation, and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law.(14) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded on 18 May 1999 by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(4), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement(5).(15) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(6); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.(16) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis(7); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.(17) This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession,HAS ADOPTED THIS REGULATION:CHAPTER I PURPOSE AND DEFINITIONSArticle 1PurposeThis Regulation establishes specific provisions introducing a temporary derogation from certain provisions of the Schengen acquis concerning the procedures for applying for and issuing visas as well as for the uniform format for visas for members of the Olympic family for the duration of the 2004 Olympic and Paralympic Games.Apart from these specific provisions, the relevant provisions of the Schengen acquis concerning procedures for applying for and issuing the uniform visa shall remain in force.Article 2DefinitionsFor the purposes of this Regulation:1. "Responsible organisations" relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympic Games means the official organisations, in terms of the Olympic Charter, which are entitled to submit lists of members of the Olympic family to the Organising Committee of the 2004 Olympic Games with a view to the issue of accreditation cards for the Games;2. "Member of the Olympic family" means any persons who are members of the International Olympic Committee, the International Paralympic Committee, International Federations, the National Olympic and Paralympic Committees, the Organising Committees of the Olympic Games and the national associations, such as athletes, judges/referees, coaches and other sports technicians, medical personnel attached to teams or individual sportsmen/women and media-accredited journalists, senior executives, donors, sponsors or other official invitees, who agree to be guided by the Olympic Charter, act under the control and supreme authority of the International Olympic Committee, are included on the lists of the responsible organisations and are accredited by the Organising Committee of the 2004 Olympic Games as participants in the 2004 Olympic or Paralympic Games;3. "Olympic accreditation cards", issued by the Organising Committee of the 2004 Olympic Games, in accordance with Article 16 of the Greek law 3103/2003, means one of two secure documents, one for the Olympic Games and one for the Paralympic Games, bearing a photograph of its holder, establishing the identity of the member of the Olympic family and authorising access to the facilities at which competitions are held and to other events scheduled during the period of the Games;4. "Duration of the Olympic Games and Paralympic Games" means the period from 13 July 2004 to 29 September 2004 for the 2004 Summer Olympic Games and the period from 18 August 2004 to 29 October 2004 for the 2004 Autumn Paralympic Games;5. "Organising Committee of the 2004 Olympic Games" means the Committee set up under Article 2 of Greek Law 2598/1998 to organise the 2004 Olympic and Paralympic Games in Athens, which decides on accreditation of members of the Olympic family taking part in those Games;6. "Services responsible for issuing visas" means the services designated in Greece to examine applications and issue visas to members of the Olympic family.CHAPTER II ISSUE OF VISASArticle 3ConditionsA visa may be issued pursuant to this Regulation only where the person concerned:(a) has been designated by one of the responsible organisations and accredited by the Organising Committee of the 2004 Olympic Games as a participant in the 2004 Olympic or Paralympic Games;(b) holds a valid travel document authorising the crossing of the external borders, as referred to in Article 5 of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June (hereinafter "the Schengen Convention");(c) is not a person for whom an alert has been issued for the purposes of refusing entry;(d) is not considered to be a threat to public policy, national security or the international relations of any of the Member States.Article 4Filing of the application1. Where a responsible organisation draws up a list of the persons selected to take part in the 2004 Olympic or Paralympic Games, it may, together with the application for an Olympic accreditation card for the persons selected, file a collective application for visas for those persons selected who are required to be in possession of a visa in accordance with Regulation (EC) No 539/2001.2. Collective applications for visas for the persons concerned shall be forwarded at the same time as applications for the issue of an Olympic accreditation card to the Organising Committee of the 2004 Olympic Games in accordance with the procedure established by it.3. A single visa application per person shall be filed for persons taking part in the 2004 Olympic or Paralympic Games.4. The Organising Committee of the 2004 Olympic Games shall forward to the services responsible for issuing visas collective applications for visas as quickly as possible, together with copies of applications for the issue of an Olympic accreditation card for the persons concerned, bearing their full name, nationality, sex, date and place of birth, passport number, type and expiry date thereof.Article 5Examination of the collective application for visas and type of the visa issued1. The visa shall be issued by the services responsible for the issue of visas following an examination designed to ensure that the conditions set out in Article 3 are met.2. The visa issued shall be a uniform short-stay, multiple-entry visa authorising a stay of not more than ninety (90) days for the duration of the Olympics Games and Paralympic Games.3. Where the member of the Olympic family concerned does not meet the conditions set out in Article 3(c) and (d), the services responsible for issuing visas may issue a visa with limited territorial validity in conformity with Article 5(2) of the Schengen Convention.Article 6Form of the visa1. The visa shall take the form of two numbers being entered on the Olympic accreditation card. The first number shall be the visa number. In the case of a uniform visa, this number shall be made up of seven (7) characters comprising six (6) digits preceded by the letter "C". In the case of a visa with limited territorial validity, this number shall be made up of eight (8) characters comprising six (6) digits preceded by the letters "GR". The second number shall be the number of the passport of the person concerned.2. The services responsible for issuing visas shall forward the visa numbers to the Organising Committee of the 2004 Olympic Games for the purposes of issuing accreditation cards.Article 7Waiver of feesThe processing of visa applications and the issue of visas shall not give rise to any fees being charged by the services responsible for issuing visas.CHAPTER III OTHER ASPECTSArticle 8Cancellation of a visaWhere the list of persons put forward as participants in the 2004 Olympic or Paralympic Games is amended before the Games begin, the responsible organisations shall without any delay inform the Organising Committee of the 2004 Olympic Games thereof so that the accreditation cards of the persons removed from the list can be revoked. The Organising Committee shall then inform the services responsible for issuing visas thereof, notifying the numbers of the visas in question.The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall immediately inform the authorities responsible for border checks thereof, and the latter shall without any delay forward this information to the competent authorities of the other Member States.Article 9External border checks1. When crossing the external borders of the Member States, the entry checks carried out on members of the Olympic family who have been issued visas in accordance with this Regulation shall be limited to verifying compliance with the conditions set out in Article 3.2. For the duration of the Olympic Games and the Paralympic Games:(a) entry and exit stamps shall be affixed to the first free page of the passport of those members of the Olympic family for whom it is necessary to affix such stamps. Upon first entry the visa number shall be indicated on this same page;(b) the conditions for entry provided for in Article 5(1)(c) of the Schengen Convention shall be presumed to be fulfilled once a member of the Olympic family has been duly accredited.3. The provisions of paragraph 2 shall apply to members of the Olympic family who are third-country nationals, whether or not they are subject to the visa requirement under Regulation (EC) No 539/2001.Article 10Information for the European Parliament and the CouncilNot later than four months after the close of the Paralympic Games, Greece shall transmit to the Commission a report on the various aspects of the implementation of this Regulation.On the basis of this report and any information supplied by other Member States within the same time limit, the Commission shall draw up an assessment of the functioning of the derogation in respect of the issue of visas to members of the Olympic family, as provided for by this Regulation, and shall inform the European Parliament and the Council thereof. The Commission shall draw up this evaluation report early enough for the experience made during the Olympic and Paralympic Games of Athens to be taken into account by the Italian authorities for the organisation of the Winter Olympic Games which will be held in Turin in 2006.Article 11Entry into forceThis Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.Done at Brussels, 15 July 2003.For the CouncilThe PresidentG. Tremonti(1) Proposal of 8 April 2003 (not yet published in the Official Journal).(2) Opinion of 19 June 2003 (not yet published in the Official Journal).(3) OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 453/2003 (OJ L 69, 13.3.2003, p. 10).(4) OJ L 176, 10.7.1999, p. 36.(5) OJ L 176, 10.7.1999, p. 31.(6) OJ L 131, 1.6.2000, p. 43.(7) OJ L 64, 7.3.2002, p. 20.

Summary: Facilitating procedures for issuing visas for those taking part in sporting events Facilitating procedures for issuing visas for those taking part in sporting events The Regulation lays down special rules for members of the Olympic family with regard to the issuing of visas and the crossing of borders. The validity of these arrangements, which applied by way of derogation and were designed to avoid additional formalities, was restricted to the duration of the 2004 Olympic and Paralympic Games. They were subsequently evaluated. ACT Council Regulation (EC) No 1295/2003 of 15 July 2003 relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympic Games in Athens. SUMMARY The Regulation was not designed to abolish the visa requirement for members of the Olympic family who are subject to it by virtue of their nationality but to lay down measures for adoption by Greece to facilitate their entry into the Schengen area in order to take part in the 2004 Games in Athens. The special procedure for applying for visas is incorporated into accreditation request procedure that members of the Olympic family have to comply with. This means that they do not have to present themselves in person at the consular services either to make the application or to receive the visa, which is formalised instead by the marking of a specific number in the Olympic Games accreditation card. Organisations applying for the Olympic accreditation card * for the persons selected to take part in the Games may, at the same time submit a collective group application for visas as well. The Organising Committee * sends the applications to the consular services as quickly as possible. The services then check that the persons in question: have been accredited by the Organising Committee; hold a passport; have not been identified for non-admission in the Schengen Information System; are not deemed liable to undermine public order. Once compliance with these conditions has been checked, the services issue a uniform short-stay, multiple-entry visa authorising a stay of up to 90 days for the duration of the Games. If the conditions are not met, the consular services may issue a visa with limited territorial validity. The visa takes the form of two numbers entered on the Olympic accreditation card (visa number and passport number). The visas are issued free of charge. When members of the Olympic family cross the external borders of the Member States: entry checks are limited to verifying compliance with the four conditions set out above; the passports of all members (whether or not they are subject to a visa requirement) are stamped on entry and exit. The Regulation also provides for the Commission to report to the European Parliament and the Council on the functioning of the derogation on the basis of a report transmitted by Greece after the Games with a view to the organisation of the Winter Olympics in Turin. Background To enable the Games to be organised, the Community must establish legislation facilitating the issue of visas to members of the Olympic family. The Regulation meets this requirement. Greece is the first Member State to apply the Schengen acquis in its entirety for the organisation of the Olympic Games in Athens in 2004. Key terms used in the act Olympic accreditation cards: documents issued to members of the Olympic family authorising access to the facilities at which competitions are held for the duration of the Games; these cards are highly secure in order to avoid the occurrence of terrorist attacks; Organising Committee: Committee responsible for organising the 2004 Summer Olympic and Paralympic Games in Athens. References Act Entry into force Deadline for transposition in the Member States Official Journal Regulation 1295/2003/EC 04.08.2003 03.01.2004 OJ. L 183 of 22.07.2003 RELATED ACTS Regulation (EC) No 2046/2005 of the European Parliament and of the Council of 14 December 2005 relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter Games in Turin [Official Journal L 334 of 22 December 2005]. This Regulation provides the Community with the necessary legislation to facilitate the issuing of visas in time for the 2006 Winter Olympics in Turin. It takes over most of the arrangements and procedures that were applied for the 2004 Games in Athens. Last updated: 06.08.2007


EUR-Lex - 32003D0335 - EN Avis juridique important | 32003D0335 2003/335/JHA: Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes Official Journal L 118 , 14/05/2003 P. 0012 - 0014 Council Decision 2003/335/JHAof 8 May 2003on the investigation and prosecution of genocide, crimes against humanity and war crimesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles 30, 31 and 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Denmark(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The International Criminal Tribunals for the former Yugoslavia and for Rwanda have since 1995 been investigating, prosecuting and bringing to justice violations of international law in connection with war, genocide and crimes against humanity.(2) The Rome Statute of the International Criminal Court of 17 July 1998, which has been ratified by all Member States of the European Union, affirms that the most serious crimes of concern to the international community as a whole, in particular genocide, crimes against humanity and war crimes, must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation.(3) The Rome Statute recalls that it is the duty of every State to exercise its criminal jurisdiction over those responsible for such international crimes.(4) The Rome Statute emphasises that the International Criminal Court established under it is to be complementary to national criminal jurisdictions. Effective investigation and, as appropriate, prosecution of genocide, crimes against humanity and war crimes should be ensured without interference with the jurisdiction of the International Criminal Court.(5) The investigation and prosecution of, and exchange of information on, genocide, crimes against humanity and war crimes is to remain the responsibility of national authorities, except as affected by international law.(6) Member States are being confronted on a regular basis with persons who were involved in such crimes and who are trying to enter and reside in the European Union.(7) The competent authorities of the Member States are to ensure that, where they receive information that a person who has applied for a residence permit is suspected of having committed or participated in the commission of genocide, crimes against humanity or war crimes, the relevant acts may be investigated, and, where justified, prosecuted in accordance with national law.(8) The relevant national law enforcement and immigration authorities, although having separate tasks and responsibilities, should cooperate very closely in order to enable effective investigation and prosecution of such crimes by the competent authorities that have jurisdiction at national level.(9) Member States should ensure that law enforcement authorities and immigration authorities have the appropriate resources and structures to enable their effective cooperation and the effective investigation and, as appropriate, prosecution of genocide, crimes against humanity and war crimes.(10) The successful outcome of effective investigation and prosecution of such crimes also requires close cooperation at transnational level between authorities of the States Parties to the Rome Statute, including the Member States.(11) On 13 June 2002, the Council adopted Decision 2002/494/JHA setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(3). Member States should ensure that full use is made of the contact points to facilitate cooperation between the competent international authorities.(12) In Council Common Position 2001/443/CFSP of 11 June 2001 on the International Criminal Court(4), the Member States declared that the crimes within the jurisdiction of the International Criminal Court are of concern for all Member States, which are determined to cooperate for the prevention of those crimes and for putting an end to the impunity of the perpetrators thereof,HAS DECIDED AS FOLLOWS:Article 1ObjectiveThe aim of this Decision is to increase cooperation between national units in order to maximise the ability of law enforcement authorities in different Member States to cooperate effectively in the field of investigation and prosecution of persons who have committed or participated in the commission of genocide, crimes against humanity or war crimes as defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court of 17 July 1998.Article 2Information to law enforcement authorities1. The Member States shall take the necessary measures in order for the law enforcement authorities to be informed when facts are established which give rise to a suspicion that an applicant for a residence permit has committed crimes as referred to in Article 1 which may lead to prosecution in a Member State or in international criminal courts.2. Member States shall take the necessary measures to ensure that the relevant national law enforcement and immigration authorities are able to exchange the information, which they require in order to carry out their tasks effectively.Article 3Investigation and prosecution1. Member States shall assist one another in investigating and prosecuting the crimes referred to in Article 1 in accordance with relevant international agreements and national law.2. Where, in connection with the processing of an application for a residence permit, the immigration authorities become aware of facts which give rise to a suspicion that the applicant has participated in crimes referred to in Article 1, and where it emerges that the applicant has previously sought permission to reside in another Member State, the law enforcement authorities may apply to the competent law enforcement authorities in the latter Member State with a view to obtaining relevant information, including information from the immigration authorities.3. Insofar as the law enforcement authorities in a Member State become aware that a person suspected of crimes as referred to in Article 1 is in another Member State, they shall inform the competent authorities in the latter Member State of their suspicions and the basis thereof. Such information shall be provided in accordance with relevant international agreements and national law.Article 4StructuresMember States shall consider the need to set up or designate specialist units within the competent law enforcement authorities with particular responsibility for investigating and, as appropriate, prosecuting the crimes in question.Article 5Coordination and periodic meetings1. Member States shall coordinate ongoing efforts to investigate and prosecute persons suspected of having committed or participated in the commission of genocide, crimes against humanity or war crimes.2. At the Presidency's initiative, the contact points designated under Article 1 of Decision 2002/494/JHA, shall meet at regular intervals with a view to exchanging information about experiences, practices and methods. These meetings may take place in conjunction with meetings within the European Judicial Network and, depending on the circumstances, representatives from the International Criminal Tribunals for the former Yugoslavia and for Rwanda, the International Criminal Court and other international bodies may also be invited to take part in such meetings.Article 6Compliance with data protection legislationAny kind of exchange of information or other kind of processing of personal data under this Decision shall take place in full compliance with the requirements flowing from the applicable international and domestic data protection legislation.Article 7ImplementationMember States shall take the necessary measures to comply with this Decision by 8 May 2005.Article 8Territorial applicationThis Decision shall apply to Gibraltar.Article 9Taking effectThis Decision shall take effect on the day of its publication in the Official Journal of the European Union.Done at Brussels, 8 May 2003.For the CouncilThe PresidentM. Chrisochoïdis(1) OJ C 223, 19.9.2002, p. 19.(2) Opinion of 17 December 2002 (not yet published in the Official Journal).(3) OJ L 167, 26.6.2002, p. 1.(4) OJ L 155, 12.6.2001, p. 19.

Summary: Genocide, crimes against humanity and war crimes: investigation and prosecution Genocide, crimes against humanity and war crimes: investigation and prosecution SUMMARY OF: Decision 2003/335/JHA — investigation and prosecution of genocide, crimes against humanity and war crimes WHAT DOES THE DECISION DO? It lays down a framework to improve cooperation between EU countries in the investigation and prosecution of actual or suspected perpetrators of genocide*, crimes against humanity* and war crimes*. KEY POINTS EU countries are required to inform law enforcement authorities when there is a suspicion that an applicant for a residence permit has committed any of the crimes listed above. The authorities may then begin criminal proceedings in an EU country or in international criminal courts. EU countries are to assist one another in investigating and prosecuting the crimes. To help with that process, they may set up specialist units within their law enforcement authorities. EU countries are required to coordinate ongoing efforts to investigate and prosecute persons suspected of having committed or participated in the crimes listed above. The contact points of the European Genocide Network are to meet at regular intervals in order to exchange information about experiences, practices and methods. These meetings may take place in conjunction with European Judicial Network meetings. This decision helps implement the Rome Statute of the International Criminal Court, which aims to ensure none of the crimes listed above go unpunished. The Eurojust network aids the investigation and prosecution process. FROM WHEN DOES THE DECISION APPLY? It has applied since 14 May 2003. BACKGROUND Following the genocide, crimes and against humanity and war crimes that took place in Rwanda and the former Yugoslavia, the International Criminal Tribunals have been investigating, prosecuting and bringing to justice the perpetrators. However, successful outcomes of the investigation and prosecution of such crimes require close cooperation at international levels. KEY TERMS * Genocide: acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. * Crimes against humanity: acts committed as part of a widespread and systematic attack directed against civilian populations. * War crimes: acts committed that violate the law of war (e.g. the Geneva Conventions). Examples include mistreating prisoners-of-war, killing hostages, or deliberately destroying cities, towns or villages. MAIN DOCUMENT Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes (OJ L 118, 14.5.2003, pp. 12–14) last update 28.06.2016


EUR-Lex - 32003R0693 - EN Avis juridique important | 32003R0693 Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual Official Journal L 099 , 17/04/2003 P. 0008 - 0014 Council Regulation (EC) No 693/2003of 14 April 2003establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common ManualTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 62(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) In order to prepare accession of new Member States, the Community should take into account specific situations, which may occur as a result of the enlargement and set out the relevant legislation in order to avoid future problems in relation with the crossing of the external border.(2) The Community should address in particular the new situation of third country nationals who must necessarily cross the territory of one or several Member States in order to travel between two parts of their own country which are not geographically contiguous.(3) A Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) should be established for this specific case of transit by land.(4) The FTD/FRTD are to constitute documents having the value of transit visas authorising their holders to enter in order to pass through the territories of Member States in accordance with the provisions of the Schengen acquis concerning the crossing of external borders.(5) The conditions and the procedures for obtaining these documents should be facilitated in line with the provisions of the Schengen acquis.(6) Penalties, as provided for in national law, should be imposed on the holder of the FTD/FRTD in case of misuse of the scheme.(7) Since the objective of the proposed action, namely the recognition of FTD/FRTD, issued by one Member State, by the other Member States bound by the provisions of the Schengen acquis concerning the crossing of external borders cannot be sufficiently achieved by the Member States and can therefore by reason of the scale of the action be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.(8) A uniform format for FTD and FRTD is established in Regulation (EC) No 694/2003(3).(9) The Common Consular Instructions(4) and the Common Manual(5) should be amended accordingly.(10) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation, and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law.(11) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(6), which fall within the area referred to in Article 1(B) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement(7).(12) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(8); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.(13) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis(9); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.(14) This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the Act of Accession and will therefore only become applicable after the lifting of the internal border controls,HAS ADOPTED THIS REGULATION:CHAPTER IGENERAL PROVISIONSArticle 1Definition1. This Regulation establishes a Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) for the purpose of facilitated transit.2. Facilitated transit shall mean the specific and direct transit by land of a third country national who must necessarily cross the territory of one or several Member States in order to travel between two parts of his own country which are not geographically contiguous.Article 2Specific authorisation (FTD/FRTD)1. The FTD is a specific authorisation allowing for a facilitated transit, which may be issued by Member States for multiple entries by whatever means of land transport.2. The FRTD is a specific authorisation allowing for facilitated transit, which may be issued by Member States for a single entry and return by rail.3. The FTD/FRTD shall be issued in the form of uniform formats in accordance with Regulation (EC) No 694/2003.Article 3Scope and validity1. The FTD and the FRTD have the same value as transit visas and are territorially valid for the issuing Member State and other Member States through which the facilitated transit takes place.2. The FTD shall be valid for a maximum period of up to three years. A transit based on the FTD shall not exceed 24 hours.3. The FRTD shall be valid for a maximum period of up to three months. A transit based on the FRTD shall not exceed six hours.CHAPTER IIISSUING AN FTD/FRTDArticle 4ConditionsIn order to obtain an FTD/FRTD, the applicant shall:(a) possess a valid document, authorising him to cross external borders as defined pursuant to Article 17(3)(a) of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June 1990(10);(b) not be a person for whom an alert has been issued for the purposes of refusing entry;(c) not be considered to be a threat to public policy, national security or the international relations of any of the Member States. However, in relation to the FRTD, prior consultation in accordance with Article 17(2) of the Convention implementing the Schengen Agreement shall not apply;(d) for the FTD, have valid reasons for frequent travelling between the two parts of the territory of his country.Article 5Application procedure1. The application for an FTD shall be presented to the consular authorities of a Member State which has communicated its decision to issue the FTD/FRTD in accordance with Article 12. If more than one Member State has communicated its decision to issue the FTD, the application shall be submitted to the consular authorities of the Member State of the first entry. This procedure shall provide for the submission when appropriate of documentation demonstrating the need for frequent travel, in particular documents concerning family links or social, economic or other motives.2. In the case of an FRTD, a Member State may, as a rule, accept applications transmitted via other authorities or third parties.3. The application for an FTD shall be presented on the standard form as set out in Annex I.4. The personal data for an FRTD shall be supplied on the basis of the Personal Data Sheet set out in Annex II. This Personal Data Sheet may be filled in on board the train before the affixing of the FRTD, and in any event before the entry into the territory of the Member State through which the train passes, on condition that the basic personal data, as set out in Annex II, are transmitted electronically to the authorities of the competent Member State at the moment when the request to purchase the railway ticket is made.Article 6Issuing procedure1. The FTD/FRTD shall be issued by the consular offices of the Member State and shall not be issued at the border. The decision on issuing the FRTD shall be taken by the competent consular authorities at the latest 24 hours after the electronic transmission provided for in Article 5(4).2. No FTD/FRTD shall be affixed in a travel document that has expired.3. The period of validity of the travel document in which the FTD/FRTD is affixed shall be longer than that of the FTD/FRTD.4. No FTD/FRTD shall be affixed in a travel document if that travel document is not valid for any of the Member States. In this case it shall be affixed by the consular offices on the uniform format for forms for affixing the visa in accordance with Regulation (EC) No 333/2002(11). If a travel document is only valid for one Member State or for a number of Member States, the FTD/FRTD shall be limited to the Member State or Member States in question.Article 7Administrative costs of an FTD/FRTD1. The fee corresponding to the administrative costs of processing the application for an FTD shall be EUR 5.2. The FRTD shall be issued free of charge.CHAPTER IIICOMMON PROVISIONS RELATED TO THE FTD/FRTDArticle 8Refusal1. The procedures, and appeal in cases where the consular post refuses to examine an application or issue an FTD/FRTD shall be governed by national law of the respective Member States.2. If an FTD/FRTD is refused and national law requires the grounds for such a refusal to be given, the reason shall be communicated to the applicant.Article 9PenaltiesPenalties, as provided for in national law, should be imposed on the holder of the FTD/FRTD in case of misuse of the scheme.Such penalties shall be effective, proportionate and dissuasive, and shall include the possibility of cancelling or revoking the FTD/FRTD.CHAPTER IVFINAL PROVISIONSArticle 10Subject to the specific rules set out in this Regulation, the provisions of the Schengen acquis relating to visas shall also apply to the FTD/FRTD.Article 111. The Common Consular Instructions are hereby amended as follows:(a) The following point shall be added to part I:"2.5. Documents having the same value as a visa, authorising the crossing of external borders: FTD/FRTDFor facilitated transit, an FTD or an FRTD can be issued in accordance with Council Regulations (EC) No 693/2003(12) and (EC) No 694/2003(13) (see Annex 17)."(b) The text of this Regulation and of Regulation (EC) No 694/2003 shall be added as Annex 17.2. The Common Manual shall be amended as follows:(a) The following point shall be added to Part I:"3.4. DOCUMENTS HAVING THE SAME VALUE AS A VISA, AUTHORISING THE CROSSING OF EXTERNAL BORDERS: FTD/FRTDFor facilitated transit, an FTD or an FRTD can be issued in accordance with Council Regulations (EC) No 693/2003(14) and (EC) No 694/2003(15) (See Annex 15)."(b) The text of this Regulation and of Regulation (EC) No 694/2003 shall be added as Annex 15.Article 12Implementation1. Member States deciding to issue the FTD and the FRTD shall communicate such decision to the Council and the Commission. The decision shall be published by the Commission in the Official Journal of the European Union. It shall enter into force on the date of its publication.2. If Member States decide no longer to issue the FTD and the FRTD they shall communicate that decision to the Council and the Commission. The decision shall be published by the Commission in the Official Journal of the European Union. It shall enter into force on the thirtieth day following its publication.Article 13ReportThe Commission shall report to the European Parliament and the Council on the functioning of the facilitated transit scheme at the latest three years after the entry into force of the first decision as set out in Article 12(1).Article 14Entry into forceThis Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.Done at Luxembourg, 14 April 2003.For the CouncilThe PresidentA. Giannitsis(1) Not yet published in the Official Journal.(2) Opinion delivered on 8 April 2003 (not yet published in the Official Journal).(3) See page 15 of this Official Journal.(4) OJ C 313, 16.12.2002, p. 1. Instructions amended by Regulation (EC) No 415/2003 (OJ L 64, 7.3.2003, p. 1).(5) OJ C 313, 16.12.2002, p. 97.(6) OJ L 176, 10.7.1999, p. 36.(7) OJ L 176, 10.7.1999, p. 31.(8) OJ L 131, 1.6.2000, p. 43.(9) OJ L 64, 7.3.2002, p. 20.(10) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Decision 2003/170/JHA (OJ L 67, 12.3.2003, p. 27).(11) OJ L 53, 23.2.2002, p. 4.(12) OJ L 99, 17.4.2003, p. 8.(13) OJ L 99, 17.4.2003, p. 15.(14) OJ L 99, 17.4.2003, p. 8.(15) OJ L 99, 17.4.2003, p. 15.ANNEX I>PIC FILE= "L_2003099EN.001202.TIF">>PIC FILE= "L_2003099EN.001301.TIF">ANNEX II>PIC FILE= "L_2003099EN.001402.TIF">

Summary: Facilitated transit document (FTD) and facilitated rail transit document (FRTD) Facilitated transit document (FTD) and facilitated rail transit document (FRTD) SUMMARY OF: Regulation (EC) No 693/2003 establishing a specific Facilitated Transit Document, a Facilitated Rail Transit Document and amending the Common Consular Instructions and the Common Manual WHAT IS THE AIM OF THE REGULATION? It seeks to establish a facilitated transit document (FTD)* and a facilitated rail transit document (FRTD)* for the specific and direct transit by land of non-EU country nationals who must necessarily cross the territory of one or more EU countries in order to travel between two parts of their own country which are not geographically contiguous. KEY POINTS Scope and validity The FTD and the FRTD have the same value as transit visas and are territorially valid for the issuing EU country. The FTD is valid for a maximum period of up to 3 years and transit based on the FTD must not exceed 24 hours. The FRTD is valid for a maximum period of up to 3 months and transit based on the FRTD will not exceed 6 hours. No FTD/FRTD can be affixed in a travel document that has expired or with a period of validity shorter than that of the FTD/FRTD. Conditions and issuing procedure To obtain an FTD/FRTD, applicants must meet the following conditions: possess a valid document, authorising them to cross external borders;not be persons for whom an alert has been issued for the purposes of refusing entry;not be considered to be a threat to public policy or the international relations of any of the EU countries;for the FTD, have valid reasons for frequent travelling between the two parts of the territory of their country. The application for an FTD/FRTD is made to the consular authorities of an EU country. Applicants must submit documentation demonstrating the need for frequent travel, such as documents concerning family links or social, economic or other motives. The fee corresponding to the administrative costs of processing the application for an FTD is €5. The FRTD is issued free of charge. Issuing and refusal of the document FTDs and FRTDs are issued by the consular offices of the EU countries and may not be issued at the border. The procedures, and appeal in cases where the consular post of an EU country refuses to examine an application or issue an FTD/FRTD, are governed by national law of the respective country. If an FTD/FRTD is refused, the reason must be communicated to the applicant, where required by national law. Penalties are imposed on the holder of the FTD/FRTD in the case of misuse. Penalties must be effective, proportionate and dissuasive, and include the possibility of cancelling or revoking the FTD/FRTD. Decisions to issue FTDs/FRTDs EU countries deciding to issue the FTD and the FRTD must communicate this decision to the Council and the European Commission and the latter will publish it in the Official Journal (OJ). If EU countries decide to stop issuing the FTD and the FRTD they must communicate that decision to the Council and the Commission and the latter will publish it in the OJ. The Commission will report to the European Parliament and the Council on the functioning of the FTD/FRTD scheme at the latest 3 years after the entry into force of the first decision taken by an EU country to issue FTDs/FRTDs. Uniform formats FTDs and FRTDs are produced in the form of a uniform format (sticker) and have the same value as transit visas. They conform to the specifications set out in Annexes I and II to Regulation (EC) No 694/2003, adopted at the same time as Regulation (EC) No 693/2003. FROM WHEN DOES THE REGULATION APPLY? It has applied since 18 April 2003. BACKGROUND For more information, see: Kaliningrad: Commission proposes set of measures to ease transit after enlargement — press release (European Commission). KEY TERMS Facilitated transit document (FTD): a specific authorisation allowing for a facilitated transit, which may be issued by EU countries for multiple entries by any means of land transport. The FTD must be issued in the form of uniform formats in accordance with Regulation (EC) No 694/2003. Facilitated rail transit document (FRTD): a specific authorisation allowing for facilitated transit, which may be issued by EU countries for a single entry and return by rail. The FRTD must be issued in the form of uniform formats in accordance with Regulation (EC) No 694/2003. MAIN DOCUMENT Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17.4.2003, pp. 8-14) RELATED DOCUMENTS Council Regulation (EC) No 694/2003 of 14 April 2003 on uniform formats for Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003, pp. 15-21) last update 07.01.2020


EUR-Lex - 32003D0170 - EN Avis juridique important | 32003D0170 2003/170/JHA: Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States Official Journal L 067 , 12/03/2003 P. 0027 - 0030 Council Decision 2003/170/JHAof 27 February 2003on the common use of liaison officers posted abroad by the law enforcement agencies of the Member StatesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a), (b) and (c), Article 30(2)(c) and Article 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Denmark(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) At its meeting of 3 December 1998 the Council of Justice and Home Affairs Ministers adopted the Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice(3), measure 48 of which states that, within five years of the Treaty's entering into force, action should be taken to promote cooperation and joint initiatives in training, the exchange of liaison officers, secondment, the use of equipment and forensic research.(2) At its meeting in Vienna on 11 and 12 December 1998 the European Council endorsed, in its conclusion 83, the Council and Commission Action Plan on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice, and in its conclusion 89 it called for a strengthening of action against organised crime in the light of the new possibilities opened up by the Treaty.(3) At its meeting in Tampere on 15 and 16 October 1999 the European Council invited the Council and the Commission, in close cooperation with the European Parliament, to promote the full and immediate implementation of the Treaty of Amsterdam, on the basis of the Action Plan adopted on 3 December 1998 by the Council of Home Affairs Ministers and endorsed at the meeting of the European Council in Vienna on 11 and 12 December 1998 and of the political guidelines and concrete objectives involving a deepening of police cooperation for the purpose of combating cross-border crime which were agreed in Tampere.(4) At its meeting in Helsinki on 10 and 11 December 1999, the European Council urged the European Union to intensify its efforts at the international level by stepping up cooperation with third countries in reducing the demand for and supply of drugs, and on justice and home affairs. The European Council also noted that there would be a need for combined efforts by all the relevant authorities, with a particular role for Europol.(5) At its meeting in Laeken on 14 and 15 December 2001 the European Council confirmed, in its conclusion 37, the guidelines and objectives defined at Tampere and also noted that there was a need for new impetus and guidelines to make good delays in some areas.(6) On 14 October 1996 the Council adopted Joint Action 96/602/JHA providing for a common framework for the initiatives of the Member States concerning liaison officers(4).(7) In the light of experience in applying the Joint Action and in the light of the provisions of the Treaty of Amsterdam on combating cross-border crime, cooperation amongst Member States on the tasks assigned to, and the posting of liaison officers to third countries and international organisations needs to be strengthened and developed.(8) Insofar as is relevant for performing the tasks defined in the Europol Convention(5), Europol will establish and maintain cooperative relations with third countries and international organisations.(9) Europol has established and will continue to establish and maintain cooperative relations with a wide range of third countries and international organisations.(10) Europol needs to be given the necessary support and means to function effectively as the focal point of European police cooperation. The European Council has stressed that Europol plays a central role in cooperation between the authorities of the Member States in investigating cross-border crime by supporting the prevention, analysis and investigation of crime at Union level.(11) Europol needs to be given the opportunity to make use to some extent of Member States' liaison officers in third countries, so as to strengthen Europol's operative support function in relation to national police authorities.(12) Member States recognise that extensive cooperation is already taking place between liaison officers posted by Member States in view of their national needs to third countries and international organisations. However, there is a need to strengthen some aspects of cooperation between those liaison officers, to make the best possible use of Member States' resources.(13) Cooperation between Member States in this area needs to be strengthened so as to facilitate the exchange of information with a view to combating serious cross-border crime.(14) Member States attach particular weight to cooperation in combating cross-border crime, as they believe that strengthening cooperation regarding the exchange of information will enhance the national authorities' capabilities to combat crime effectively. Member States believe that Europol should play a central role in this.(15) The aim of this Decision is to regulate questions relating to the fight against serious cross-border crime.(16) The provisions in the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders(6) (hereinafter "Convention implementing the Schengen Agreement") which relates to the common use of liaison officers should be developed further, with a view to strengthening cooperation between Member States in the fight against cross-border crime.(17) As regards Iceland and Norway, this Decision constitutes, with the exception of Article 8, a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(7), which fall within the area referred to in Article 1(H) of Council Decision 1999/437/EC(8) on certain arrangements for the application of that Agreement.(18) The United Kingdom is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(9).(19) Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis(10).(20) Council Joint Action 96/602/JHA and the provision of Article 47(4) of the Convention implementing the Schengen Agreement should accordingly be repealed,HAS DECIDED AS FOLLOWS:Article 1Definition1. In this Decision, "liaison officer" means a representative of one of the Member States, posted abroad by a law enforcement agency to one or more third countries or to international organisations to establish and maintain contacts with the authorities in those countries or organisations with a view to contributing to preventing or investigating criminal offences.2. This Decision is without prejudice to Member States' liaison officers' tasks within the framework of their responsibilities and in compliance with national law, national needs, and any more favourable agreements concluded with the host State or the international organisation.Article 2Tasks of liaison officers1. Each Member State shall ensure that its liaison officers establish and maintain direct contacts with competent authorities in the host State or the international organisation, with a view to facilitating and expediting the collection and exchange of information.2. Each Member State's liaison officer shall also contribute to the collection and exchange of information which may be used to combat serious cross-border crime, including information providing a readier knowledge of the legal systems and operational methods available in the States or international organisations concerned.3. Liaison officers shall carry out their tasks within the framework of their responsibilities and in compliance with the provisions, including those on the protection of personal data, laid down in their national laws and in any agreements concluded with host States or international organisations.Article 3Notification of the posting of liaison officers1. Member States shall inform one another of their intentions as regards the secondment of liaison officers to third States and international organisations and the General Secretariat of the Council of the European Union (the General Secretariat) each year of the posting of liaison officers, including their duties and any cooperative agreements between the Member States on the posting of liaison officers.2. The General Secretariat shall draw up an annual summary to be sent to Member States and to Europol concerning Member States' postings of liaison officers, including their duties and any cooperative agreements between the Member States on the posting of liaison officers.Article 4Liaison officer networks in third countries1. Member States shall ensure that Member States' liaison officers posted to the same third country or international organisation meet regularly or when necessary to exchange relevant information. The Member State holding the Presidency of the Council of the European Union shall ensure that its liaison officers take the initiative to hold such meetings. If the Member State holding the Presidency is not represented in the third country or international organisation concerned, then the representative of the incoming or next incoming Presidency shall take the initiative to hold the meeting. The Commission and Europol shall, where appropriate, be invited to such meetings.2. Member States shall ensure that its liaison officers posted to the same third country or international organisation provide one another with assistance in contacts with the authorities of the host State. Where relevant, Member States may agree that their liaison officers shall share tasks among themselves.3. Member States may bilaterally or multilaterally agree that liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States.Article 5Cooperation between Member States regarding the exchange of information via liaison officers in third countries1. Member States shall ensure that their liaison officers in third countries and international organisations shall, in accordance with national law and relevant international instruments and subject to compliance with applicable provisions governing the protection of personal data, provide its respective national authorities with information relating to serious criminal threats to other Member States not represented by their own liaison officers in the third country or international organisation concerned. National authorities shall assess, in accordance with national law and according to the seriousness of the threat, whether the Member States concerned should be informed.2. Member States' liaison officers in third countries or international organisations may, in accordance with national law and relevant international instruments and subject to compliance with applicable provisions governing the protection of personal data, provide information relating to serious criminal threats to other Member States directly to the liaison officers of the Member State in question, if that Member State is represented in the third country or international organisation concerned.3. In accordance with national law and relevant international instruments, Member States which do not have liaison officers in a third country or international organisation may make a request to another Member State which does have liaison officers in the third country or international organisation concerned, with a view to the exchange of relevant information.4. Member States shall deal with any request as described in paragraph 3 in accordance with their respective national law and relevant international instruments, and shall state as speedily as possible whether such a request may be met.5. Member States may consent to information being exchanged directly between liaison officers in third countries and international organisations and the authorities of other Member States, subject to compliance with applicable provisions governing the protection of personal data.6. The performance of the tasks described in paragraph 1 and 2 must not hinder liaison officers in the performance of their original duties.Article 6Joint seminars for liaison officers1. To enhance cooperation between liaison officers in one or more third countries and international organisations, where there are specific needs for knowledge of and intervention in the third countries and international organisations concerned, Member States may hold joint seminars on crime trends and on the most effective methods of combating cross-border crime taking due account of the EU acquis. The Commission and Europol shall be invited to such seminars.2. Participation in the seminars described in paragraph 1 must not hinder liaison officers in the performance of their original duties.Article 7Competent national authorities1. Member States shall designate contact points within their competent authorities to facilitate the tasks referred to in this Decision and ensure that the national contact points are able to carry out their duties efficiently and speedily.2. Member States shall inform the General Secretariat in writing of its contact points within their competent authorities and of any subsequent changes pursuant to this Decision. The General Secretariat shall publish the information in the Official Journal of the European Union.3. This Decision applies without prejudice to existing national provisions, particularly as regards the division of competence between the various authorities and services in the Member States concerned.Article 8Europol1. Member States shall facilitate, in accordance with national law and the Europol Convention, the processing of requests made by Europol to obtain information from Member States' liaison officers in third countries or international organisations where Europol is not represented. Europol's requests shall be addressed to the Member States' National Units, which, in accordance with national law and the Europol Convention, shall take a decision on the request. Information from Member States' liaison officers in third countries or international organisations shall be transmitted to Europol in accordance with national law and the Europol Convention.2. When establishing the duties of their liaison officers, Member States shall where appropriate pay attention to the tasks, which under the Europol Convention are to be carried out by Europol.Article 9Application to GibraltarThis Decision shall apply to Gibraltar.Article 10EvaluationThe Council shall evaluate the implementation of this Decision within two years of its adoption.Article 11Repeal1. Joint Action 96/602/JHA is hereby repealed.2. The provision of Article 47(4) of the Convention implementing the Schengen Agreement is hereby repealed.Article 12Entry into forceThis Decision shall enter into force 14 days after its publication in the Official Journal of the European Union.Done at Brussels, 27 February 2003.For the CouncilThe PresidentM. Chrisochoïdis(1) OJ C 176, 24.7.2002, p. 8.(2) Opinion of the European Parliament of 20 November 2002 (not yet published in the Official Journal).(3) OJ C 19, 23.1.1999, p. 1.(4) OJ L 268, 19.10.1996, p. 2.(5) OJ C 316, 27.11.1995, p. 2.(6) OJ L 239, 22.9.2000, p. 19.(7) OJ L 176, 10.7.1999, p. 36.(8) OJ L 176, 10.7.1999, p. 31.(9) OJ L 131, 1.6.2000, p. 43.(10) OJ L 64, 7.3.2002, p. 20.

Summary: Organised crime: common framework for liaison officers Organised crime: common framework for liaison officers The purpose of this Decision is to create a common framework for liaison officers seconded from the Member States with the aim of improving cooperation in preventing and combating all forms of international crime. ACT Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (See amending acts) SUMMARY On the basis of the experience gained as a result of Joint Action 96/602/JHA and in the light of the provisions of the Treaty of Amsterdam, the purpose of the Decision is to strengthen cooperation on the posting of liaison officers to third countries and international organisations in order to combat serious forms of cross-border crime more effectively. "Liaison officer" means a representative of one of the Member States, posted abroad by a law enforcement agency to one or more third countries or to international organisations to establish and maintain contacts with the authorities in those countries or organisations with a view to preventing or investigating criminal offences. "Europol liaison officers" are employees seconded from Europol to enhance cooperation between third countries or organisations and Europol and to help combat serious forms of international crime. The Member States must ensure that Member States' liaison officers posted to the same third country or international organisation: meet regularly to exchange useful information; work together to improve relations with the host country; share tasks among themselves, where appropriate; look after the interests of one or more other Member States, if this has been agreed by the Member States concerned; participate in joint seminars on crime trends. Any Member State which does not have a liaison officer in a third country may approach another Member State which does. Each year, the Member States must notify the General Secretariat of the Council of the following: the posting of liaison officers to a third country or organisation, including their responsibilities; the national contact points that they must designate in order to facilitate implementation of this Decision. The General Secretariat draws up an annual summary concerning the seconded liaison officers of the Member States and Europol, their duties and any cooperative agreements concluded on the posting of officers. Europol liaison officers provide Europol with information relating to serious threats of criminal offences to Member States. Such information is communicated to the competent national authorities. Joint Action 96/602/JHA and Article 47(4) of the Convention on the application of the Schengen Agreement are repealed. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Decision 2003/170/JHA 26.03.2003 - OJ L 67 of 12.03.2003 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Decision 2006/560/JHA 25.08.2006 - OJ L 219 of 10.08.2006 last update 30.04.2007