§ Baroness Gould of Potternewton asked Her Majesty's Government:
§ What was the outcome of the Justice and Home Affairs Council held in Brussels on 28 September. [HL4438]
§ The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton)Nigel Sheinwald, the United Kingdom's Permanent Representative to the European Union, represented the United Kingdom at the 28 September Council. The main matters dealt with at the Meeting were as follows:
The list of A points was adopted in full, except items on the Schengen Information System, Sirene, on which one member state maintained a parliamentary scrutiny reserve, and on minimum standards for the security of passports.
Common Visa List:
The Council agreed to a mechanism for deferring the entry into force of a visa exemption for certain third countries. Further discussion would take place in the Committee of Permanent Representatives (COREPER) and the European Parliament would be reconsulted. This is a measure in respect of which the United Kingdom has not sought to opt in.
Europol: money laundering:
Political agreement was reached on extending the Europol Convention to cover all money laundering and the accompanying Council declaration on predicate offences, subject to consideration of the European Parliament's Opinion. This would formally be adopted at the Council's meeting on 30 November.
Commission Proposal for a draft Council Directive on minimum standards on asylum procedures:
The Commission presented this proposal as its first response to the call by the Tampere European Council in October 1999 to create a common European asylum system. The proposal set out minimum procedural guarantees to ensure that member states could process cases quickly and fairly at a national level and that secondary movements of asylum seekers were avoided. Common standards and time limits would assist in dismissing inadmissible and unfounded cases. Member states gave a general welcome to the proposal, which was remitted to the Asylum Working Group for further consideration.
Reception conditions for asylum seekers:
This was an orientation debate on key points in the Presidency's discussion document. No conclusions were drawn but the Presidency stressed that this was a key priority and it would be seeking to agree conclusions at the Justice and Home Affairs (JHA) 76WA Council in November in order to provide a background to an anticipated legislative proposal from the Commission.
Council Decision to create a provisional Eurojust Unit:
Political orientation was reached on key elements of the text, subject to consideration of the European Parliament's opinion, which had not yet been received. The text was remitted to COREPER for resolution of some technical issues and the language regime at the request of one member state. A new Article was agreed which would allow the Commission to be associated fully with the general work of the unit, particularly in relation to the development of the permanent Eurojust and which would also enable the Commission to lend its expertise to cases considered by the unit where these fell within Commission competence. The United Kingdom maintained its parliamentary scrutiny reservation.
Framework Decision relating to the status of victims in criminal proceedings:
This text was remitted to COREPER to resolve the outstanding issue on compensation. One member state lifted its scrutiny reserve provided that a recital was included to the effect that the Decision did not imply an obligation to treat victims as parties to criminal proceedings. The United Kingdom maintained its parliamentary scrutiny reservation.
Commission proposal to create a European Judicial Network in civil and commercial matters:
The Commission presented this draft Council Decision, which was aimed at improving and developing existing judicial co-operation arrangements and providing the public with practical information about access to justice in cross-border litigation. The Civil Law Committee would discuss this further.
Protection of the environment through the criminal law: orientation debate:
There was general support for the introduction of measures to combat environmental crime, in order to establish a European Union acquis in this area. The Presidency would produce an initiative for a new instrument incorporating the aspects of the 1998 Council of Europe Convention on Environmental Crime which were acceptable to all member states.
Preparation for the joint JHA/European Council of Finance Ministers (ECOFIN) Council:
Over lunch, the Council prepared the joint ECOFIN/JHA Council meeting of 17 October on financial crime. The Presidency explained that this would feature a debate on a common and coherent European Union strategy towards more effective co-operation in the financial sector, law enforcement and judicial co-operation.
Brussels/Regulation:
The Presidency urged Ministers to pursue this dossier in their capitals as it was a key element of the mutual recognition programme on civil law. The 77WA Commission advised that it would be issuing modified proposals during the next week of the e-commerce aspects of mutual recognition in light of the European Parliament's Opinion.
Other items:
The Council noted a communication from Germany on the need for Community-level action on fighting dogs, calling for a Commission initiative on this matter. The Commission doubted if there was a legal basis for Community action but undertook to examine this in greater detail.
Mixed Committee with Iceland and Norway:
The Committee heard progress reports on the draft Common Visa List, which Iceland and Norway would apply, and on the application of the Schengen arrangements to the Nordic countries.