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To ask the Secretary of State for the Home Department, what was the outcome of the Justice and Home Affairs Council held in Brussels on 27th March; and if he will make a statement.

Asked by

Jim Hood (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

27 March 2000

For answer on

3 April 2000

Answered on

3 April 2000

Mr. Hood: To ask the Secretary of State for the Home Department what was the outcome of the Justice and Home Affairs Council held in Brussels on 27 March; and if he will make a statement. [116833] Mr. Straw: The Minister of State, my hon. Friend the Member for Hornsey and Wood Green (Mrs. Roche), represented the United Kingdom at the Council. The main matters dealt with were as follows: `A points' The list of `A' points was agreed in full, including, among other things, the Europol Work Programme for 2000; the exchange of information in the evaluation of risks and control of new synthetic drugs; and the Council Decision concerning the better exchange of information in order to fight the use of counterfeit travel documents. Open Debate on the protection of victims in the European Judicial Area The priority being given to improving the position of victims in the European Union was welcomed wholeheartedly by the Council. The Commission's consultation paper was regarded as the basis for future work. All member states had domestic schemes to assist victims, but it was agreed that action was needed at Union level to ensure adequate protection for those who were victims abroad. The right to compensation was also discussed. Adoption of the Agenda In view of ongoing discussions between Spain and the United Kingdom, in consultation with the Government of Gibraltar, the Presidency dropped four items (Insolvency, Service of Documents, Eurodac Regulations, Mandate for a parallel Dublin Agreement with Norway and Iceland) from the meeting's agenda, since the outstanding issue on these dossiers was the question of application to Gibraltar. Tampere Score-Board There was a presentation by the Commission. The Council gave broad endorsement to the objectives, structure and deadlines set out in the Commission Score-Board, as a political, not legal, commitment. It was acknowledged that the document should be flexible, with deadlines and substance being kept under review. A revised version would be presented for review once per Presidency. Member states set out their priorities, with the next Presidency giving a detailed picture of its Presidency objectives. Counterfeiting the euro There was political agreement, subject to one member state's parliamentary scrutiny reserve. The Commission announced its intention to bring forward a supplementary instrument including provisions on co-operation, training and exchange of information. Draft Mutual Legal Assistance Convention Agreement was reached on outstanding issues except territorial scope and data protection. The draft Convention would be submitted for adoption at the May Council, following further consultation and consideration. Framework Decision establishing Joint Teams to conduct criminal investigators in one or more member state Member states remained divided as to the most appropriate means of implementing the paragraph of the Tampere conclusions calling for the establishment without delay of Joint Investigation Teams to conduct criminal investigations. The issue would be remitted back to the appropriate working group. The prevention and control of organised crime: a European strategy for the beginning of the new Millennium The text of the strategy was approved and would be published in the Official Journal in due course. Collective Evaluation preliminary country reports on Czech Republic and Hungary The Council noted the reports by the Collective Evaluation Working Group. The importance of Justice and Home Affairs matters in the enlargement exercise was stressed. Member states would assist applicant countries all they could, but it was considered important that pressure should continue to be placed on the applicant counties themselves. It was agreed that the Council Secretariat would prepare a document for the Enlargement Working Group setting out any areas of omission or weakness identified in the country reports. Brussels II Regulation (proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for joint children) Substantial progress was made on this item, subject to the outstanding issue of territorial scope. The United Kingdom did not lift its parliamentary reserve and in that respect the reference in the press statement by the Council reporting on the outcome of the proceedings that "political agreement" has been reached on the draft instrument was incorrect. Brussels I Regulation (proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) The Presidency gave a `state of play' report on discussion of the draft Regulation. It was noted that the European Parliament's opinion was awaited. The Commission announced its intention to propose an amendment to Article 15 of the Regulation to make clear that it applied to distance contract only. Charter of Fundamental Rights The Presidency gave a `state of play' report on discussions. A final draft would be prepared by June and adopted by the end of October, for submission to the European Council. Major issues such as scope, legal status and relationship with the European Court of Human Rights would be considered once agreement had been reached on the body of the text. There was no discussion. Commission's proposal for a European Refugee Fund The Presidency gave the state of play, reporting on discussion in the Strategic Committee on Immigration, Frontiers and Asylum, noting the need for the proposal to be clearer on the aims and target of the fund, on future financing and on the allocation criteria. The Commission was invited to bring forward a proposal on temporary protection as soon as possible. Following discussion, the Commission expressed the hope that the proposal could be adopted during the current Presidency. Revision of the Dublin Convention The Commission paper (analysing the current problems with the operation of the Dublin Convention and considering alternatives for a replacement Title IV measure) was generally welcomed. The Commission planned to consult widely. A proposal would then be made at the turn of the year. High Level Working Group on Asylum and Migration The Presidency noted that the Action Plan on Albania and the neighbouring region had now been agreed by the High Level Working Group and would go to the General Affairs Council for adoption in June. New working methods had been established to take forward the implementation of all the Action Plans. United Kingdom Drugs Initiative We provided information on the United Kingdom Initiative for European Union action to tackle drugs with the aim of achieving a drug-free enlarged Union. The Presidency asked the Committee of Permanent Representatives to remit this to the Article 36 committee to take forward. German Initiative on Public Contract Law Germany introduced its initiative for a Framework Decision to establish uniform minimum standards under criminal law for unlawful/uncompetitive behaviour in the award of public contracts. Relations with Mediterranean countries An Israeli request to increase the dialogue on judicial co-operation between the European Union and Mediterranean countries through the Barcelona process was noted by the Council. Asylum conference The Presidency confirmed that it would host a joint conference with the Commission in Portugal on 15-16 June, on asylum issues.

Date

3 April 2000

Reference

347 c373-6W; 116833

House

House of Commons

Home Office

Statement on the outcome of the Justice and Home Affairs Council held in Brussels on 12th March; and if he will make a statement.

Asked by

Jim Hood (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

12 March 1999

For answer on

22 March 1999

Answered on

22 March 1999

Mr. Hood: To ask the Secretary of State for the Home Department what was the outcome of the Justice and Home Affairs Council held in Brussels on 12 March; and if he will make a statement. [77249] Mr. Straw: My hon. Friends the Minister of State, Lord Chancellor's Department, the Parliamentary Under-Secretary of State for Home Affairs, my hon. Friend the Member for Vauxhall (Kate Hoey) and I represented the United Kingdom at the Council. The main matters dealt with were as follows: `A' points The Council agreed as `A' points, among other things: draft rules on the Europol pension fund; an extension of the mandate of the Europol Drugs Unit (EDU) management team; draft rules governing the transmission of personal data by Europol to third states and bodies; a report on the activities of EDU/Europol in 1998; and a Regulation determining those nationals of third countries who require a visa when crossing the external borders of the European Union. Europol: Preparation for taking up activities The Presidency sought information from individual member states on the progress they had made on agreeing the mandates for the appointment of Europol Directors, and on completing the exchange of bilateral notes with the Dutch Government which will govern the position of Europol Liaison Officers. The Presidency also reported the latest state of play concerning the draft rules of procedure to be adopted by Europol's Joint Supervisory Body. This matter will be considered again at the Justice and Home Affairs Council in May. On the issue of the extension of Europol's mandate to cover forgery of money and means of payment, the Presidency confirmed that Coreper would re-examine an outstanding issue relating to the legal definition of the term "forgery of money and means of payment". Eurodac The Council reached political agreement to freeze the text of the draft Protocol to the Eurodac Convention (adding illegal immigrants to the fingerprinting database for asylum seekers), pending the introduction of a First Pillar instrument after the coming into force of the Treaty of Amsterdam. It was noted that the opinion of the European Parliament on the draft Protocol was still outstanding and that a number of member states still had national Parliamentary scrutiny reservations. Convention on Mutual Legal Assistance in criminal matters The Presidency noted continuing reserves on issues relating to territorial application and data protection. One member state was urged to join agreement with the others on the "remote approach" to satellite network interceptions of telecommunications within the member states. In the absence of agreement, the Presidency concluded that this issue would go back to Coreper and the relevant working group. Effect of the transition from the Maastricht to the Amsterdam Treaty on civil law conventions The Council discussed opinions by the Commission and the Council Legal Services arguing that, after entry into force of the Amsterdam Treaty, ratification of the Brussels II and Service of Documents Conventions should be suspended as soon as Community instruments to replace them had been tabled. The Commission confirmed its intention to table replacement proposals reflecting exactly the content of the current conventions. The United Kingdom with support from another Member State took the position that suspending ratification as soon as the Commission tabled a proposal, rather than when the instrument was adopted by the Council, risked leaving a legal vacuum. The Presidency sought, and achieved, political agreement that member states should be free to continue the ratification process until any superseding Community instruments were adopted by the Council. Revision of the Brussels and Lugano Conventions The Presidency reported on the current state of play. They hoped to make swift progress on the negotiation and to ensure proper arrangements were made for the Lugano countries in the context of any Community instrument. The United Kingdom took the position that there were strong political and legal arguments for continuing to discuss revision of the Brussels Convention as a convention, and that freezing discussion would send the wrong signal to the non-European States concerned. Internal Market and Consumer Protection The Presidency reported on the current position in respect of draft Directives on late payments, electronic signatures, consumer guarantees and distance selling of financial services. Definition and integration of the Schengen Acquis Under this agenda heading, I announced the United Kingdom's intentions regarding future participation in the incorporated Schengen provisions, the Free Movement Chapter of the Treaty of Amsterdam, and Justice and Home Affairs matters generally. I made it clear that, while we would maintain our frontier controls in line with the Amsterdam Treaty Protocol, we wished to co-operate in all other Justice and Home Affairs areas which did not conflict with this objective, and notably police, customs and judicial co-operation in criminal matters. Other Business Asylum procedures The Commission introduced a paper on harmonised procedures and called for discussion in the coming months. The paper stresses the importance of balancing the efficiency of the asylum process with fairness to the applicant. The Commission will submit formal proposals after further consultations. The Ocalan case One member state welcomed the General Affairs Council Declaration of 22 February and said further work was needed to ensure respect for human rights and a fair trial for Ocalan, including the presence of international observers and avoidance of the death penalty. There was no discussion. Readmission clauses in association agreements There was a call for the Council to adopt a common position on the inclusion of a standard clause on readmission in all third country agreements. It was agreed that comments on this item would be passed to the General Affairs Council. Mutual recognition/access to justice I gave notice of the United Kingdom's intention to table two papers for the Council's attention, one dealing with mutual recognition of court decisions and judgments, the other with access to justice in civil matters. Second Protocol to the Customs Information System Convention This protocol was signed by members of the Council. Meeting with the Central and Eastern European countries (CEEs) and Cyprus In the afternoon, Justice and Home Affairs Ministers met their counterparts from the CEEs and Cyprus. There was an exchange of views between the CEEs and Cyprus, and European Union member states, on the adverse effects of corruption, and on the steps necessary to combat corruption in both the public and private sectors.

Date

22 March 1999

Reference

77249; 328 c23-6W

House

House of Commons

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