3.-4.VI.2010
COUNCIL OFTHE EUROPEAN UNION / EN
10630/1/10 REV 1
PRESSE 161
PR CO 1
PRESS RELEASE
3018th Council meeting
Justice and Home Affairs
Luxembourg, 3-4 June 2010
PresidentMr Francisco CAAMAÑO DOMÍNGUEZ
Minister for Justice
Alfredo PÉREZ RUBALCABA
Minister for the Interior
Anna TERRÓN I CUSÍ
State Secretary for Immigration and Emigration
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Main results of the CouncilHome Affairs ministers adopted a European pact to combat international drug traffickingas well as a set of conclusions on:
–facilitating entry for citizens of the member states of the EUat external borders;
–the follow-up to the European Pact on Immigration and Asylum;
–an action plan concerning unaccompanied minors from third countries.
On issues related to terrorism, ministers adopted an EU-US declaration on the fight against terrorism and a discussion paper by the EU counter-terrorism coordinator on the implementation of the EU strategy and action plan to combat terrorism.
The Council also discussed the outcome of the recent EU-RussiaJustice and Home Affairs Permanent Partnership Council and held a general debate on internal security.
Justice ministers took the next steps on authorising the first enhanced cooperation in the history of the EU. It concerns the law applicable to divorce and legal separation. Ministers agreed on key elements of the content of the legislation. Still in public, the delegations confirmed their agreement on the rights of interpretation and translation in criminal procedures.
The Council will also continue discussions with the European Parliament on a compromise text regarding anEuropean protection order with the goal to reach agreement between the two co-legislators as soon as possible.Ministers then agreed on a general approach on a directive oncombating trafficking of human beings.
The Council agreed on a negotiating mandate for the EU'saccession to the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms. On European rules concerning matters ofsuccession ministers adopted political guidelines for future work and examined the state of play in matters of eJustice.
In the margins of the Council session on Thursday, the Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland) examined the state of play concerning the development of the Schengen Information System II (SIS II), including a draft global schedule as presented by the Commission. The committee also discussed the issue of visa liberalisation for Western Balkan states.
Under "other business", the Council examined:
–a directive on the fight against sexual exploitation of children;
–the issue of visa reciprocity and Canada in connection with the sixth Commission report regarding visa reciprocityas set out in regulation 539/2001;
–a study on burden-sharing systems;
–recent developments in the fight against corruption;
–the progress made on an EU-Turkey readmission agreement;
–the issue of police cooperation in South-Eastern Europe;
–the outcome of the meeting of interior ministers of the G6 in Varese, Italy; and
–the priorities in Justice and Home Affairs matters as presented by the incoming Belgian presidency.
A-itemsadopted by the Council without discussion includeconclusions on the Commission's action plan implementing the Stockholm Programme, on the Eurojust Annual Report for 2009,on psychosocial support in the event of emergencies and disasters and on the European Arrest Warrant. On the subject of security in connection with football matches, the Council approved an evaluation report on the degree of implementation of a related Council decision of 2007 as well as a resolution concerning an updated handbook with recommendations for international police cooperation and measures to prevent and control violence and disturbances in connection with football matches.
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CONTENTS1
PARTICIPANTS...... 7
ITEMS DEBATED
European pact to combat international drug trafficking...... 9
Facilitating entry for citizens of the EU at external borders - Council conclusions...... 10
European Pact on Immigration and Asylum - Council conclusions...... 10
Unaccompanied minors - Council conclusions...... 12
EU-US 2010 Declaration on Counter-Terrorism...... 13
CTC discussion paper...... 13
EU-Russia Permanent Partnership Council...... 14
Internal Security...... 14
Divorce and legal separation - a pioneer group of member states seeks common rules...... 16
Procedural rights - interpretation and translation...... 18
European Protection Order...... 21
EU accession to the ECHR...... 22
Succession...... 23
Trafficking in human beings...... 24
e-Justice...... 24
ANY OTHER BUSINESS...... 26
MIXED COMMITTEE: SIS II and VISa liberalisation in the western balkans...... 28
OTHER ITEMS APPROVED
Justice and Home Affairs
–SIRENE Bureaux - Council conclusions...... 30
–Psychosocial support - Council conclusions...... 30
–Community Civil Protection Mechanism - Council conclusions...... 30
–Illegal trafficking of waste - Council conclusions...... 30
–EUCPN annual report- Council conclusions...... 30
–LAC organised crime analysis- Council conclusions...... 31
–Ad hoc multinational teams with third countries - Council resolution...... 31
–Football matches with an international dimension - Council resolution...... 31
–Security at football matches with an international dimension...... 31
–Customs Information System - Progress report...... 31
–Eurojust annual report - Council conclusions...... 32
–SISNET budgets 2008 and 2009...... 32
–Integration as a Driver for Development and Social Cohesion...... 32
–Europol / Former Yugoslav Republic of Macedonia cooperation agreement...... 32
–Europol annual report 2009...... 32
–Confiscation and Asset Recovery - Council conclusions...... 33
–European arrest warrant - Council conclusions...... 33
–Seminars organised by the Spanish presidency...... 33
–Schengen Information System: migration to second generation database...... 33
–The Stockholm programme - Council conclusions...... 34
–EU/Georgia agreement on short-stay visas...... 34
ECONOMIC AND FINANCIAL AFFAIRS
–Easier access to EU structural funds...... 34
TRADE POLICY
–Anti-dumping - Sodium cyclamate from China and Indonesia...... 35
DEVELOPMENT COOPERATION
–EU/South Africa agreement - Customs duties...... 35
AGRICULTURE
–EU position for the extension of the food aid convention...... 35
–Protection of animals used for scientific purposes...... 36
FISHERIES
–EU/ Solomon Islands agreement - Renewal and fishing allocation...... 36
–Understanding with Chile on conservation of swordfish - Provisional application...... 36
ENVIRONMENT
–Mercury...... 36
TRANSPORT
–EU/ Vietnam agreement on air services...... 37
APPOINTMENTS
–Committee of the Regions...... 37
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PARTICIPANTS
Belgium:
Ms Annemie TURTELBOOMMinister for Home Affairs
Mr Stefaan DE CLERCKMinister for Justice
Mr Melchior WATHELETSecretary of State for Immigration and Asylum
Bulgaria:
Mr Tsvetan TSVETANOVMinister for the Interior
Ms Margarita POPOVAMinister for Justice
Czech Republic:
Mr Martin PECINAMinister forthe Interior
Ms Daniela KOVAROVAMinister for Justice
Ms Lenka PTÁČKOVÁ MELICHAROVÁDeputy Minister for the Interior
Mr Marek ZENISEKDeputy Minister for Justice
Denmark:
Mr Lars BARFOEDMinister for Justice
Ms Birthe RØNN HORNBÆKMinister for Refugees, Immigration and Integration
Germany:
Mr Thomas DE MAIZIEREFederal Minister for the Interior
Ms Sabine LEUTHEUSSER-SCHNARRENBERGERFederal Minister of Justice
Mr Ole SCHRÖDERState Secretary, Federal Ministry of the Interior
Estonia:
Mr Marko POMERANTSMinister for the Interior
Mr Rein LANGMinister for Justice
Ireland:
Mr Dermot AHERNMinister for Justice and Law Reform
Mr Rory MONTGOMERYPermanent Representative
Greece:
Mr Michael CHRISOCHOIDISMinister for Citizen Protection
Mr Théodoros SOTIROPOULOSPermanent Representative
Spain:
Mr Alfredo PÉREZ RUBALCABAMinister for the Interior
Mr Francisco CAAMAÑO DOMÍNGUEZMinister for Justice
Ms Anna TERRÓN I CUSIState Secretary of Immigration and Emigration
France:
Mr Brice HORTEFEUXMinister for the Interior, Overseas Territories and Local and Regional Authorities
Mr Eric BESSONMinister for Immigration, Integration, National identity and Solidary development
Mr Jean-Marie BOCKELSecretary of State for Justice
Italy:
Mr Roberto MARONIMinister for the Interior
Mr Angelino ALFANOMinister for Justice
Cyprus:
Mr Neoklis SYLIKIOTISMinister for the Interior
Mr Loukas LOUKAMinister for Justice and Public Order
Latvia:
Mr Mārtiņš LAZDOVSKISSecretary of State for Justice
Mr Normunds POPENSPermanent Representative
Lithuania:
Mr Raimundas PALAITISMinister for the Interior
Mr Tomas VAITKEVICIUSVice Minister of Justice
Luxembourg:
Mr Jean-Marie HALSDORFMinister for the Interior and Regional Planning
Mr François BILTGENMinister for Justice
Mr Nicolas SCHMITMinister for Immigration
Hungary:
Mr Sándor PINTÉRMinister for the Interior
Mr Tibor NAVRACSICSMinister for Public Administration and Justice
Malta:
Mr Carmelo MIFSUD BONNICIMinister for Justice and Home Affairs
Netherlands:
Mr Ernst HIRSCH BALLINMinister for Justice, Interior and Kingdom Relations
Austria:
Ms Maria Theresia FEKTERFederal Minister for the Interior
Ms Claudia BANDION-ORTNERMinister for Justice
Poland:
Mr Jan TOMBIŃSKIPermanent Representative
Mr Zbigniew WRONAUndersecretary of State, Ministry of Justice
Portugal:
Mr Rui PEREIRAMinister for the Interior
Mr Alberto MARTINSMinister for Justice
Romania:
Mr Vasile BLAGAMinister for the Interior and Administration
Mr Marian Cǎtǎlin PREDOIUMinister for Justice
Slovenia:
Mr Aleš ZALARMinister for Justice
Ms Katarina KRESALMinister for the Interior
Slovakia:
Mr Ivan KORČOKPermanent Representative
Finland:
Ms Astrid THORSMinister for Migration and European Affairs
Ms Tuija BRAXMinister for Justice
Mr Antti PELTTARIState Secretary, Ministry of the Interior
Sweden:
Mr Tobias BILLSTRÖMMinister for Migration and Asylum Policy
Mr Magnus G. GRANERState Secretary, Ministry of Justice
United Kingdom:
Mr James BROKENSHIREHome Office Minister
Mr Kenneth CLARKELord Chancellor, Secretary of State for Justice
Commission:
Ms Viviane REDINGVice-President
Ms Cecilia MALMSTRÖMMember
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ITEMS DEBATED
European pact to combat international drug trafficking
After a public debate, ministers adopted a European pact to combat international drug trafficking (8821/10). It focuses, at this stage, on cocaine and heroin and should serve in the future as a model for the fight against other categories of drugs, primarily cannabis and synthetics.
The pact enumerates a number of common principles for the fight against this sort of crime and elaborates on three main commitments:
–disrupting cocaine routes,
–disrupting heroin routes, and
–countering the proceeds of crime.
For each of these three commitments the pact outlines specific actions as well as target deadlines by when these actions should be implemented.
The pact is an integral part of the law enforcement aspect of the EU’s anti-drug strategy (established in 2005) and the EU action plan for 2009-2012, which advocate a global balanced approach based on simultaneous reduction of supply and demand. It is a practical application of the Stockholm Programme and of the European Internal Security Strategy endorsed by the European Council in December 2009 and March 2010, respectively.
Facilitating entry for citizens of the EU at external borders- Council conclusions
The Council adopted the following conclusions on facilitating entry for citizens of the EU at external borders (9873/10). They focus on the need to improve fast-track systems for external border crossings for the benefit of EU citizens while at the same time safeguarding the right balance between the right to free movement and guaranteeing the highest level of security.
European Pact on Immigration and Asylum- Council conclusions
The Council adopted conclusions on the follow-up to the European Pact on Immigration and Asylum (10302/10).
These conclusions welcome the progress already made in many of the areas for action set out in the pact, as identified in the first annual report submitted by the Commission on 6 May 2010. They identify several trends and advances made since the adoption of the pact in October 2008 that are of particular importance including those in the following areas:
–labour migration;
–combating illegal migration;
–asylum; and
–cooperation with countries of transit and origin.
The conclusions also highlight a number of areas in which more efforts are needed and sets out key policy goals for the next twelve months. They include:
–further work on the policy plan on legal migration complemented by an ambitious integration agenda;
–fighting illegal immigration, smuggling of and trafficking in human beings;
–improving attention given to unaccompanied minors;
–enhancing control and surveillance of external borders; and
–taking work forward on the establishment of the Common European Asylum System as well as strengthening practical cooperation among member states in the area of asylum.
The implementation of the pact and relevant aspects of the Stockholm Programme will continue to be kept under review.
As a further step, the European Council will be invited to endorse the conclusions, at its meeting on 17 June 2010.
Unaccompanied minors- Council conclusions
After a public debate, the Council adopted conclusions on the subject of unaccompanied minors coming to the EU regardless of whether they are asylum seekers, illegal migrants or victims of trafficking in human beings (9824/10).
The conclusions address particularly the following five issues:
–knowledge of the phenomenon (e.g. improving data collection);
–prevention of unsafe migration and trafficking in human beings (e.g. financing of preventive actions at local level; training for border guards);
–reception and procedural guarantees (e.g. assessing whether the current EU legislation offers unaccompanied minors sufficient protection to guarantee that minors are treated as such; quick decisions in the best interest of the child; exchange of best-practice guidelines; combating the phenomenon of disappearance);
–cooperation with third countries (e.g. relevant agreements; cooperation on prevention, family tracing, return to the family or to reception centres and reintegration in the countries of origin or return);
–return and reintegration in the country of origin (e.g. making a study of existing practices and legislation throughout the EU; practical cooperation between member states, countries of origin as well as international and non-governmental organisations; financing of special reception centres).
In September 2009, the Council agreed that all member states would benefit from the development of common approaches and increased cooperation with countries of origin, including cooperation to facilitate minors' return. The Stockholm Programme, adopted in December 2009, welcomed the Commission’s initiative to develop an action plan on this issue which supplements the relevantlegislative and financial instruments andcombines measures directed at prevention, protection and assisted return. The Commission adopted the communication on the action plan on 6 May 2010 (IP/10/534).
EU-US 2010 Declaration on Counter-Terrorism
The Council agreed on an EU-US Declaration on the fight against terrorism (10591/10).
This declaration builds on the EU-US Joint Statement on the closure of the Guantanamo Detention Center (10967/09) and the Council conclusions of June 2009 (10523/2/09).
(see also the factsheet The EU ready to help US in closing Guantanamo)
CTC discussion paper
After a presentation by the EU counter-terrorism coordinator, the Council examined the most recent discussion paper on the implementation of the EU strategy and action plan to combat terrorism (9685/10).
In his report, the EU counter-terrorism coordinatorfocuses on four main challenges:
–creating a clearer picture of the threat Europe is facing,
–securing better public transport, especially in the field of land transport,
–ensuring the monitoring of terrorist travel, and
–connectinginternal and external security.
For each of these challenges, the EU counter-terrorism coordinator suggests a number of concrete actions. Other areas in which progress should be made include cyber security and the solidarity clause.Article 222 TFEU asks the EU and the member states to act jointly in a spirit of solidarity if a member state is the object of a terrorist attack or victim of a natural or man-made disaster.
EU-Russia Permanent Partnership Council
The Council was informed about the outcome of the EU-Russia Permanent Partnership Council on Justice and Home Affairs issues, held in Kazan on 25-26 May 2010.
Discussions focused on the implementation of the road map for a Common Space of Freedom, Security and Justice. A wide range of subjects was examined, ranging from visa facilitation and readmission agreements, migration issues and the fight against transnational crime and terrorism to judicial cooperation in criminal, civil and commercial matters.
Internal Security
The Council held a general debate on internal security. The so-called M.A.D.R.I.D report (10203/10) and the Internal Security Strategy for the European Union (5842/2/10) provided the main elements for the discussion.
Ministers emphasised that operational cooperation among member states must be strengthened and highlighted a number of policy areas where action should be focused on. These include organised crime and its vast financial resources, money laundering, cybercrime/-security, terrorism, trafficking in human beings, arms trafficking, illegal migration and cooperation with third countries.
The Council's recently established internal security committee (COSI) was also charged to report annually on the state of internal security in the EU.
At its meeting in February 2010, the Council approved the Internal Security Strategy for the European Union which the European Council endorsed one month later. The Commission is expected to adopt a communication on concrete actions in autumn 2010
The strategy's main objectives are:
–to present to the public the existing EU instruments which already help to guarantee the security and freedom of EU citizens and the added value that EU action provides in this area;
–to further develop common tools and policies using a more integrated approach which addresses the causes of insecurity and not just the effects;
–to strengthen law enforcement and judicial cooperation, border management, civil protection and disaster management.
The strategy sets out a European security model, which integrates among others action on law enforcement and judicial cooperation, border management and civil protection, with due respect for shared European values such as fundamental rights. It identifies the main threats and challenges the EU is facing, including terrorism, organised crime, cyber-crime, drug and arms trafficking, trafficking in human beings, sexual exploitation of minors and child pornography, economic crime and corruption and youth violence. Natural and man-made disasters such as forest fires and energy shortages, also require cross-border preparedness and response. Another challenge is to address common phenomena that pose threats to citizens across Europe, for example road accidents.
The M.A.D.R.I.D report is a document from the Trio Presidency that describes the current threats and challenges to internal security in the EU, based on three strategic documents: Europol's Organised Crime Threat Assessment (OCTA), the Terrorism Situation and Trend Report (TE-SAT) and Frontex' s Annual Risk Analysis.
Divorce and legal separation - a pioneer group of member states seeks common rules
The Council reached a comfortable qualified majority agreement on authorising the first enhanced cooperation[1] in the history of the EU. It concerns the law applicable to divorce and legal separation (Rome III) (9898/2/10). Ministers also decided to transmit the text to the European Parliament in order to obtain its consent to the enhanced cooperation.
On the content of the legislation, a regulation implementing the enhanced cooperation, ministers agreed on a general approach on key elements (10153/10) and requested further examination ofoutstanding issues.
Both files, the decision to authorize the enhanced cooperation and the regulation implementing it, were debated in public.