Justice and Home Affairs Council (Hansard, 24 May 2004)

§ Caroline Flint

I represented the United Kingdom at the Justice and Home Affairs Council held in Luxembourg on 29 April 2004. Good progress was made on a number of issues and the Council finished a day early.

Firstly, subject to Member States' parliamentary scrutiny reserves, including the UK's, and completion of the certificate that will accompany the Framework Decision, Ministers reached a general approach on the Framework Decision on the application of the principle of mutual recognition to confiscation orders.

The Eurojust President, Mike Kennedy, then presented the Eurojust Annual Report for 2003 noting, in particular, that there had been a 50 per cent. increase in cases referred to Eurojust compared to the previous year. The Commission indicated that it planned to publish its report on Member States' implementation of the Council Decision establishing Eurojust by the end of June. Ministers then agreed Council conclusions noting the report and requesting the Presidency to report to the Council with recommendations for further enhancing the role of Eurojust.

The Presidency reported on progress in meeting the European Council conclusions on counter terrorism, but acknowledged that much remained to be done. It was therefore preparing a comprehensive roadmap on implementation of the counter terrorism strategy, indicating the body or group responsible for each action and deadlines for completion.

The Commission said that it was preparing Communications on practical measures for the exchange of information and on the interoperability of data in the field of visas and border management. It also wanted to bring forward proposals for allowing Schengen Information System data on lost and stolen passports to be sent to Europol. In order to launch the invitation to tender in September the Commission recommended adoption of the Council Decision establishing the Visa Information System.

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I presented an initiative on the retention of telecommunications traffic data and explained why the UK believes that a common EU approach to the retention of this data is essential. I outlined some of our practical experience of investigations and prosecutions which had depended on such data to establish the link between the suspects and offences in question.

The EU counter-terrorism coordinator welcomed the progress made and suggested that work now needed to focus on practical action and implementation of agreed legislation.

The Council was unable to secure the required unanimity on the decision as to who should be appointed as the new Europol Director. The Presidency therefore concluded that the Council would need to return to the issue in June. In the meantime the Europol Management Board would need to consider whether interim arrangements would need to be put in place pending a final decision.

Discussion on the draft Asylum Procedures Directive focussed on the application of the safe third (i.e. non EU) country concept (Articles 27 and 35A).

I made clear that the UK would not accept anything which would prevent us from pursuing the approach in the Asylum and Immigration (treatment of claims etc.) Bill whereby an applicant who has transited a safe third country before coming to the UK may only challenge his removal on ECHR grounds. One other Member State initially felt that consideration should be given to all aspects of an applicant's claim. However, following discussion with them, the Presidency and the Commission, a compromise strengthening the wording on individual consideration and guaranteeing as a minimum that the applicant could bring a challenge on the ECHR elements in his claim was agreed.

It was also agreed, in relation to Article 35A, which sets out what may happen when an asylum applicant enters a Member State from a bordering country designated as safe, that Member States' national lists of these safe third countries would expire once a common EU list was in place.

All other reservations, apart from four parliamentary scrutiny reservations, including the UK's, were lifted from the text and the Council reached a General Approach, pending submission of the draft Directive to the European Parliament for re-consultation. This is a good result for the UK as the draft Directive will allow us to maintain all significant elements of our domestic asylum procedures.

All other reservations, apart from four parliamentary scrutiny reservations, including the UK's, mere lifted from the text and the Council reached a General Approach, pending submission of the draft Directive to the European Parliament for re-consultation. This is a good result for the UK as the draft Directive will allow us to maintain all significant elements of our domestic asylum procedures.

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The Council also agreed a Minutes Statement, placing Bulgaria and Romania on a common minimum EU list of safe countries of origin and committing the Council to complete work on the definitive list of such countries prior to re-consulting the European Parliament.

Under Any Other Business the Commission confirmed that it had been in discussions with key third countries about visa requirements for the new Member States and that it would be presenting a proposal to facilitate the procedures relating to short stay visas in relation to EU and Russian citizens.

Finally, I have placed in the Libraries of both Houses a copy of the list of "A" points which, with the exception of item 25, were approved (see documents 8847/04 PTS A 19 and ADD 1). This included item 20 on the Obligation of Carriers to Communicate Passenger Data. The UK believes that this will be a useful tool in helping to tackle terrorism and organised crime and we therefore supported the European Council Declaration on Terrorism calling for its adoption. However, as a Member State initiative, it would have fallen if not agreed before 1 May 2004 and, regrettably, I therefore felt unable to block its adoption despite it being held under scrutiny in the House of Lords.