Mechanism for evaluating the application and implementation at national level of international acts and instruments in the fight against organised crime
This Joint Action aims to establish a mechanism enabling the Member States to evaluate, on a basis of equality and mutual confidence, the implementation by each of them of instruments for cooperation designed to combat international organised crime.
Joint Action 97/827/JHA of 5 December 1997, adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime [Official Journal L 344, 15.12.1997].
Each Member State will undertake to ensure that its national authorities cooperate fully with the evaluation teams set up under this Joint Action, with due regard for the rules of law and ethics applicable at national level (Article 1).
Each year, the specific subject of the evaluation as well as the order in which Member States are to be evaluated, at a rate of at least five per year, will be defined, on a proposal from the Presidency, by the members of the Multidisciplinary Working Party on Organised Crime (MDW).
The evaluation will be prepared by the Presidency of the Council, assisted by the General Secretariat of the Council. The Commission will be fully involved in the work (Article 2).
Each Member State will send the Secretariat-General of the Council, at the Presidency's initiative, the names of one to three experts having substantial experience of the subject to which the evaluation relates in the field of combating organised crime, in particular in a law-enforcement service such as the police, customs, a judicial or other public authority, who are prepared to participate in at least one evaluation exercise (Article 3).
The Presidency, assisted by the Secretariat-General of the Council, will draw up a questionnaire for the purpose of evaluating all the Member States, in line with the objective set out in point 2 above (Article 5).
Upon receiving the reply to the questionnaire, the evaluation team will visit the Member State being evaluated in order to meet the political, administrative, police, customs and judicial authorities or any other relevant body in accordance with a programme of visits arranged by the Member State visited, taking account of the wishes expressed by the evaluation team (Article 6).
No later than one month after the visit referred to in point 5 above, the evaluation team will draw up a draft report and submit it to the Member State evaluated for its opinion. If deemed appropriate, it will amend its report in the light of the comments made by the Member State evaluated (Article 7).
The Presidency will forward the draft report, in confidence, to the members of the MDW, together with any comments of the Member State evaluated which were not accepted by the evaluation team (Article 8).
No later than at the end of the first evaluation of all the Member States, the Council will examine the procedures and scope of the mechanism, and will, if appropriate, make adjustments to this Joint Action.
|Act||Entry into force - Date of expiry||Deadline for transposition in the Member States||Official Journal|
|Joint Action 97/827/JAI||15.12.1997||-||OJ L 344, 15.12.1997.|