Preliminary inventory of EU actions affecting the Rights of the Child. Asylum & Immigration

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1 Reference number Description Asylum & Immigration Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof Official Journal L 212, 07/08/2001, p. 12 Status Implementation by Member States due 31 December 2002 Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers Official Journal L 031, 06/02/2003, p. 18 Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application (Dublin II) Official Journal L 50 of 25 February 2003 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification Official Journal L 251, 03/10/2003 p. 12 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents Official Journal L 016, 23/01/2004 p. 44 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted Official Journal L 304, 30/09/2004 p. 12 Green Paper on an EU approach to managing economic migration, Adopted on 11 January 2005 COM(2004) 811 final Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals. COM(2005) 0391 final Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting or withdrawing refugee status Official Journal L 326, 13/12/2005 p. 13 Council Directive 2004/114/EC of 13 december 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. OJ L 375, 23/12/2004, p. 12 Council Resolution on unaccompanied minors who are nationals of third countries, 26 June 1997, Official Journal C 221, 19/07/1997, p. 23 Communication from the Commission to the Council, the European Parliament, the European Economic and Social committee and the Committee of the Regions - A Common Agenda for Integration - Framework for the Integration of Third-Country Nationals in the European Union (INTI Programme) COM/2005/0389 final The AENEAS programme ( ) funds projects on cooperation with third-countries in the field of asylum and immigration. Even though this programme is not specifically focussed on children, it considers them (together with other vulnerable categories) as a priority for action ndex.htm#aeneas Table of EC Policies and Actions sorted by Clusters of Rights Compiled by UNICEF & Plan International, June 2008 Implementation by Member States due 6 February 2005 Implementation by Member States due 17 September 2003 To be implemented by Member States by 23 January 2006 To be implemented by Member States by 10 October 2006 running running

2 The ARGO programme ( ) Child health, safety and welfare Commission proposal COM(2005) 577 for a regulation on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/ Directive 83/378/EEC on safety of toys Official Journal C 203, 29/07/1983 p. 14 PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE SAFETY OF TOYS COM(86)541 FINAL Official Journal C 282,8/11/1986 p. 4 Council Directive 93/68/EEC of 22 July 1993 amending Directive 88/378/EEC on safety of toys Official Journal L 220, 30/08/1993 p. 1 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety Official Journal L 011, 15/01/2002 P EU Guidelines on Children and Armed Conflict s.pdf Communication from the Commission to the European Parliament and the Council on an EU Drugs Action Plan ( ) COM(2005) 45 final, Communication from the Commission Green paper: Improving the mental health of the population. Towards a strategy on mental health for the European Union, COM (2005) 484 final, 14 October Communication from the European Commission, Healthier, safer, more confident citizens: a Health and Consumer protection Strategy, Proposal for a Decision of the European Parliament and of the Council establishing a Programme of Community action in the field of Health and Consumer protection, , , COM(2005) 115 final. Phare assistance to Reform Child Protection (Romania - 55 M ; Bulgaria 3.5 M ) &c=romania&a= &c=bulgaria running Child Poverty & Social Exclusion Council resolution on Education and training for poverty reduction, 8958/02 of May 2002 Official Journal C 067 E, 17/03/2004 p. 285 Commission Communication on "Health and poverty reduction in developing Adopted 30 May 2002 countries" COM(2002)129 final 22 March Council Resolution on "Health and Poverty" of 30 May th Council meeting, 8958/02. The European consensus, the new EU Development Policy includes children needs and rights through its reference to the main international frameworks on MDGs and human rights. The EU Strategy for Africa also stresses the priority children deserve and specifies the priority areas of their rights, child labour, education, health and basic services and the special attention to orphaned, disabled children and those affected by conflicts.

3 Child Labour Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work Official Journal L 216, 20/08/1994, p.12 Report 2004 on the practical application of the provisions of the Directive 94/33/EC Communication from the Commission to the Council on the European policies on youth COM(2005) 206 final Strategic Partnership with the ILO in the field of development where one of the priorities is the prevention of child labour. In this context, the Commission is discussing with ACP partners an action programme to fight child labour together with the ILO IPEC (International Programme for the Elimination of Child Labour). The action will focus on Capacity building, targeted interventions and legal framework to enhance children being freed up from child labour into primary education. The overall budget is in the order of 15 million Children s Participation Council Regulation (EC) 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation (EC) 1628/96 and amending Regulations (EEC) 3906/89 and (EEC) 1360/90 and Decisions 97/256/EC and 1999/311/EC Official Journal L 306, 07/12/2000 Framework of European cooperation in youth matters in which Member States agreed, on the one hand, to mainstream youth in certain key policies for young people s social inclusion and professional integration and, on the other hand, to develop their active and responsible citizenship by focussing on four youth specific priorities to which they would apply an Open Method of Coordination (OMC), namely participation, information, voluntary activities and a greater knowledge and understanding of youth. OJ C168 of , p. 2 Decision 790/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of youth Official Journal L 138, 30/04/2004 P Council Regulation (EC) 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings Official Journal L 082, 22/03/2001, p. 1 Civil Justice and Family matters Council Regulation (EC) 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 Official Journal L 338, 23/12/2003 p. 1 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC Official Journal L 158, 30/04/2004, p. 77

4 Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, COM (2005)649 final of 15/12/2005 EU-Mediterranean Partnership European Neighbourhood Policy Education Commission of the European Communities, Proposal for a Decision of the European Parliament and the Council establishing an integrated action Running programme in the field of lifelong learning, Brussels, , COM(2004) 474 final Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service Official Journal L 375, 23/12/2004, p.12 Regulation No 1612/68 of the Council of 15 October 1968 on Freedom of Movement for Workers within the Community. Its Article 12 children of EU migrant workers must be granted access to the educational system of the host state under the same conditions as nationals. Directive 2004/58/EC of the European Parliament and of the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States, OJ L 229/35 of 29 June 2004 includes also the fact that children of EU migrant workers must be granted access to the educational system of the host state under the same conditions as nationals Resolution on Equal Opportunities for Pupils and Students with Disabilities in Education and Training OJ C 134 of , p. 6 Proposal for a Decision of the European Parliament and the Council establishing an integrated action programme in the field of lifelong learning, COM(2006) 236 final of To be implemented by Member States by 12 January 2007 to be adopted Media and Information Society Council Directive 84/450/EEC, OJ L 250, , p. 17 concerning misleading and comparative advertising, as amended by Directive 97/55/EC of European Parliament and the Council, OJ L 290, , p. 18 Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities Official Journal L 298, 17/10/1989, p. 23 Council Directive 97/36/EC of the European Parliament and of the council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities Official Journal L 202, 30/07/1997, p. 60 Council Recommendation 98/560/EC of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity OJ L 270, 07/10/1998, p. 48

5 Proposal for a Recommendation of the European Parliament and of the Council on the protection of minors and human dignity and the right of reply in relation to the competitiveness of the European audiovisual and information services industry COM/2004/0341 final - COD 2004/0117 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ( Unfair Commercial Practices Directive ), OJ L 149, , p. 22 Council decision of 29 May 2000 on Combating child pornography on the Internet, OJ L 138, , p. 1 Commission services working document Child safety and mobile phone services, ndex_en.htm (Under preparation) Communication on reserving the number range beginning with 116 for harmonised numbers for harmonised European services which includes, as one of the among other services, Child helpline and hotline related to missing and sexually exploited children. It is anticipated that the use of these 116 numbers could occur in 2007 Decision No 854/2005/EC of 11 May 2005 of the European Parliament and of the Council adopting a multiannual Community Programme on promoting safer use of the Internet and new online technologies. OJ L 149, , p. 1 Non-Discrimination Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin OJ L 180, , p. 22 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, OJ L 303 of , p.16 The year 2007 will be the European Year of Equal Opportunities for All on_fr.html Violence against children Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings Official Journal L 203, 01/08/2002, p. 1 Report about the implementation of the Framework Decision 2002/629/JHA by the Member States COM (2006) 187 final Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography Official Journal L 013, 20/01/2004, p. 44 Fighting trafficking in human beings - an integrated approach and proposals Implementation going on for an action plan COM(2005) 514 final EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings OJ Implementation going on C 311, , p. 1 Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities Journal L 261, 06/08/2004, p. 19 Official Evaluation report of the Commission scheduled for March/April 2006 To be implemented by Member States by 20 January 2006;

6 Commission proposal for a Council Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings COM (2005) 91 final Communication on Disqualifications arising from criminal convictions in the European Union COM (2006) 73 final Communications on the fight against child sex tourism COM (1996) 547 and COM (1999) 262 Financial support to combat child sex tourism EU Guidelines on Children and Armed Conflict s.pdf Declaration of Libreville (West Africa : Bénin, Burkina Faso, Cameroun, Ivory Coast, Gabon, Mali and Togo) signed on 7 February The Declaration asked for capacity building and harmonisation of legislation against trafficking of children. Agis programme: Council decision 2002/630/JHA of 22 July 2002 establishing a framework programme on police and judicial cooperation in criminal matters OJ L 203, 01/08/2002, p. 5 Daphne II Programme : Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk OJ L 143 of , p. 1 Running 76

7 Rights Category

8 Education, Culture and Leisure

9 Family environment and alternative care Family environment and alternative care

10 Family environment and alternative care Family environment and alternative care Family environment and alternative care Civil Rights and Freedoms

11 Civil Rights and Freedoms

12

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