Statewatch Observatory   Bookmark and Share
Council of the European Union: Policymaking through Council "Conclusions"


This Observatory covers policymaking by the Council of Justice and Home Affairs Ministers (from the 27 states) through the adoption of "Conclusions": currently from December 2007 onwards.

Background

Under the Lisbon Treaty the Agendas of the Justice and Home Affairs Council meetings are divided into:

"A" Points agenda - legislative (adopted without discussion)
"A" Points agenda - non-legislative (adopted without discussion)
"B" Points agenda: discussed by Ministers: largely legislative measures but occasionally include a non-legislative issue.

All legislative measures are listed on the main SEMDOC site including Decisions (which are often listed under "A" Points agenda - legislative). The Agendas and Press Releases for each JHA Council meetings are carried on News Online.

This Observatory primarily covers Council "Conclusions" these may be listed as "Draft" Conclusions when presented to Council meetings which, after adoption, become "Conclusions". It also includes selected other reports agreed. All were adopted as "A" Points" without debate.

Council Conclusions are termed "soft law" as they are not legally binding on EU member states (ie: "non-binding"). However, "Conclusions" are political statements by the Council and enable (and legitimate) cooperation between two or more member states which may involve changes in practices or the law at national level and allows them to undertake joint operational action. As such they have been used by as few as three member states or by all. Conclusions also set out the direction of policies to be pursued when the European Commission initiates a proposal. The European and national parliaments have no say at all regarding their content. Since 11 September 2001 Council Conclusions have played an increasingly significant policy-making function and are discussed at length in the working parties. Council Resolutions have the same legal effect as Conclusions.


24-25 February 2011 (Brussels)

1. A comprehensive approach on personal data protection in the European Union (pdf)

2. Council conclusions on the role of the Council of the European Union in ensuring the effective implementation of the Charter of Fundamental Rights of the European Union (pdf)

3. Council conclusions on the Commission communication on the European Union internal security strategy in action (pdf)

4. Visa waiver agreements with Brazil (pdf)

5. Council conclusions on EU-Turkey Readmission Agreement and related issues (pdf)

2-3 December (Brussels) 2010

1. Council conclusions on the fight against crimes committed by mobile (itinerant) criminal groups

2. Council conclusions on the role of the police and civil society in combating violent radicalisation and recruitment of terrorists

3. Council Conclusions adopting the 2011-2013 EU Work Programme on minimising safety, security and public order risks in connection with sports events, in particular football matches, with an international dimension

4. Council conclusions on the information sharing mechanism on changes in the national threat level

5. Council conclusions on preventing and combating identity related crimes and on identity management, including the establishment and development of permanent structured cooperation between the Member States of the European Union

6. Council conclusions on making security pictograms easier to recognise

7. Council resolution on the creation of a European network of airport law enforcement services (AIRPOL)

8. Council Conclusions on improving the detection of stolen vehicles in the Member States to tackle
illegal cross-border vehicle trafficking

9. Council conclusions on Host Nation Support

Mixed Committee

8. Illegal migration and Council Conclusions on 29 measures

8-9 November 2010 (Brussels)

1. Council conclusions on preparedness and response in the event of a CBRN attack

2. Resolution on ENFAST – European Network on Fugitive Active Search teams

3. Council Conclusions on the creation and implementation of a EU policy cycle for organised and serious international crime (debated)

4. Council conclusions on innovative solutions for financing disaster prevention

5. Council Conclusions on the prevention and reduction of health and social risks associated with the use of illicit drugs in recreational settings

6. Europol work programme 2011

7-8 October 2010 (Luxembourg)

1. Council Conclusions on the follow-up of the implementation of instruments
implementing the principle of mutual recognition of judicial decisions in criminal
matters

2. Council conclusions on public-private partnership on enhancing the security of
explosives

3. SIS II


3-4 June (Brussels)

1. Council conclusions on facilitating entry for citizens of the European Union at external borders "Invites the Member States to move on voluntary basis to a more extensive use of automated border control systems on the basis of the new passport... Encourages the Member States and European Union citizens to make optimum use of the new biometric passports"

2. Council conclusions on the follow-up of the European Pact on Immigration and Asylum

3. Council Conclusions on agreed practices for SIRENE Bureaux in cases of missing persons exposed to high risk

4. Draft resolution of the Council and of the representatives of the governments of the Member States meeting within the Council on the setting up of ad hoc multinational teams with third countries

5. Draft Council 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 with an international dimension, in which at least one Member State is involved

6.Evaluation report on the degree of implementation of Council Decision 2007/412/JHA amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension

7. Follow-up to the recommendations in the final report on the fourth round of mutual evaluations, concerning the European arrest warrant, during the Spanish Presidency of the Council of the European Union - Draft Council Conclusions

8. Conclusions of the seminars organised by the Spanish Presidency in the area of Justice

9. EU-U.S. and Member States 2010 Declaration on Counter terrorism


23 April 2010 (Brussels) (Items listed for this meeting agreed at the General Affairs Council on 26 April) 2010)

1. Draft Council conclusions on the exchange programme for police officers inspired by Erasmus

2. Draft Council Conclusions on the use of a standardised, multidimensional semistructured instrument for collecting data and information on the processes of radicalisation in the EU

3. Draft Council conclusions on strengthening cooperation between national bodies or structures responsible for analysis of the terrorist threat

4. Proposal for a Council Resolution on a Model Agreement for setting up joint cooperation teams under Chapter 5 of Decision 2008/615/JHA

25-26 February 2010

1. Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration


30 November 2009 (Brussels)

1. Agreement between the European Union and Japan on mutual legal assistance in criminal matters

2. Draft Council Conclusions on a European system for forensic drug profiling

3. Draft Council Resolution on the exchange of DNA analysis results

4. Decision of the Europol Management Board on the conditions related to the processing of data on the basis of Article 10(4) of the Europol Decision

5. Council Decision adopting the implementing rules for Europol analysis work files

6. Council Decision adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information

7. Council Decision determining the list of third States and organisations with which Europol shall conclude agreements

8. Rules of procedure - Europol Joint Supervisory Body

9. Comprehensive report - "Develop and strengthen the co-operation between Justice and Home Affairs and Civilian Crisis Management of the European Security and Defence Policy"

10. Resolution on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings

11. Policy Coherence for Development: draft Council Conclusions on Migration for Development

12. Draft Council Conclusions on Mobility Partnerships as a tool of the Global Approach to Migration

13. Council Decision on the use of information technology for customs purposes

14. Draft Council Conclusions on an Information Management Strategy for EU internal security


23 October 2009 (Luxembourg)

1. Council Conclusions on the European Financial Coalition and national financial coalitions against child pornography on the Internet

2. Council Decision on the conclusion on behalf of the European Union of the Agreement on extradition between the European Union and the United States of America and the Agreement on mutual legal assistance between the European Union and the United States of America

3. Europol Work Programme 2010

4. Draft Council Resolution on a Reinforced Strategy for Customs Cooperation

21 September 2009 (Brussels)

1. Council Conclusions free movement of EU citizens with the Community

These Conclusions build on: Free movement of persons: abuses and substantive problems – Draft Council conclusions on abuses and misuses of the right to free movement of persons (agreed on 27-28 November 2008)

2. Activity Report of the Joint Supervisory Body of Eurojust for the year 2008


24 July 2009 (Brussels)

1. Revised Strategy on Terrorist Financing

2. Cooperation Eurojust and Switzerland - Approval by Council


5-6 June 2009 (Brussels)

1. Draft Council Conclusions on the further development of the SECI Center (SECI - Southeast European Cooperative Initiative SECI Center - SECI Regional Center for Combating Transborder Crime)

2. Draft Council Conclusions on the assistance to produce a common threat assessment on organised crime for South East European region

3. Draft Council Conclusions on possible cooperation mechanisms between civilian ESDP missions and Europol as regards the mutual exchange of information

4. Schengen evaluation - Council conclusions inc. Switzerland

5. Enhancing the global approach to migration - Council conclusions

6. Development of the FADO system (False and Authentic Documents Online) - Council conclusions

7. Management of external borders of the member states of the EU - Council conclusions

8 April 2009 (Luxembourg)

1. Sixth Eurojust Annual Report (calendar year 2007) - Council conclusions

2. Europol work programme for 2009

3. Practical cooperation in the field of asylum - Council conclusions

26-27 February 2009 (Brussels)

1. Schengen Information System "SIS II" - Council conclusions

2. Council of Europe's legislative work in the area of criminal justice - Council conclusions

27-28 November 2008 (Brussels)

1. Combating Terrorism - Council conclusions

2. Council conclusions on the evaluation of the Global Approach to Migration and on the partnership with countries of origin and transit

3. Conclusions of the Council and the Representatives of the Governments of the Member States on integration policies in the European Union

4. Reception of Iraqi refugees - Council conclusions

See also: European Commission: Report on the EU Fact finding mission to Jordan and Syria on resettlement of refugees from Iraq and Statewatch Analysis: The forgotten casualties of the war plus Damning assessment of freedom and rights in Iraq: Council of the European Union press release (November 2009): Declaration by the Presidency on behalf of the EU concerning the human rights situation in Iraq

5. Free movement of persons: abuses and substantive problems – Draft Council conclusions on abuses and misuses of the right to free movement of persons

"The Council considers that, in compliance with and in the interests of the right of free movement, every effort must be made to prevent and combat any misuses and abuses, as well as actions of a criminal nature, with forceful and proportionate measures with due regard to the applicable law, against citizens who break the law in a sufficiently serious manner by committing serious and repeated offences."

6. Draft Council conclusions on the coordination of police action on road safety

See also: Proposal for a Directive facilitating cross-border enforcement in the field of road safety - Conclusion on the political agreement (December 2010)

7. Draft Council Conclusions on a Concerted Work Strategy and Practical Measures Against Cybercrime

8. Early warning of threats linked to terrorism and organised crime - Council conclusions

9. Draft conclusions of the Council of the European Union on possible cooperation mechanisms between civilian ESDP missions and EUROPOL as regards the mutual exchange of information

10. Combating the criminal misuse and anonymous use of electronic communications - Council conclusions

24 October 2008 (Luxembourg)

1. Cybercrime – Council conclusions

2. Convergence of internal security – Council conclusions

3. Legal protection of vulnerable adults – Council conclusions

4. Training of judicial staff – Council Resolution

5. Eurojust – 2007 Activity report

6. Communication between operational units in border areas – Recommendation

7. The Council approved European Best Practice Guidelines for Police and Customs Cooperation Centres

25 September 2008 (Brussels)

1. Reception of Iraqi refugees in Member States of the European Union - Conclusions

24-25 July 2008 (Brussels)

1. Reception of Iraqi refugees – Conclusions

2. Endorsed the Recommendations of the Counter-Terrorism Coordinator on Revised Strategy on Terrorist Financing


5-6 June 2008 (Luxembourg)

1. Further development of the SECI centre - Council conclusions

2. Council Conclusions on the assistance to produce a common threat assessment on organised crime for South East European region

3. Cooperation between Europol and Eurojust - Statement

4. Possible cooperation mechanisms between civilian ESDP missions and Europol as regards the mutual exchange of information - Council conclusions

5. Schengen evaluation - Council conclusions

6. Application of SIS in Switzerland

7. Enhancing the global approach to migration - Council conclusions (

8. Management of external borders of the member states of the EU - Council conclusions

18 April 2008, Luxembourg

1. Sixth Eurojust Annual Report (calendar year 2007) - Council conclusions

2. Practical cooperation in the field of asylum - Council conclusions

28 February 2008, Brussels

1. Schengen developments - Council conclusions

6-7 December 2007

- Mobility partnerships and circular migration - Council conclusions (pdf)

- The role of Eurojust and Europol and the European Judicial Network in the fight against organised crime and terrorism (pdf)

- Council conclusions on drug trafficking along the cocaine route (pdf)

- Draft Council Conclusions on addressing Chemical, Biological, Radiological and Nuclear Risks and on Bio-preparedness (pdf)

- Draft Council Conclusions adopting Strategic Orientations and Priorities on the security enhancement of explosives (pdf)

- Draft Council conclusions adopting the Work programme on further measures designed to maximise safety and security in connection with football matches with an international dimension (17 pages, pdf)

- The Council also took note of: Council Recommendation concerning a Handbook for police and security authorities concerning cooperation at major events with an international dimension (45 pages, pdf)

Compiled by Tony Bunyan

Statewatch News online | Join Statewatch news e-mail list | Download a free sample issue of Statewatch Journal

© Statewatch ISSN 1756-851X. Personal usage as private individuals/"fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.