EU: Justice and Home Affairs Council, 7-8 December 2017: Conclusions and background documentation

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Justice and Home Affairs Council, 7-8 December 2017: Conclusions and background documentation
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7 December: Outcome of the Council meeting (15567/17, pdf): an extensive list of items discussed and approved. Results from 8 December online here: Justice and Home Affairs Council, 07-08/12/2017(link). Much of the relevant documentation can be found below.

See also: Background Note (pdf)


Some of the documents and issues being discussed at the Justice and Home Affairs Council.


- Proposal for a Regulation on the European Agency for the operational management of large-scale IT systems (Doc no: 15981-17,pdf):

"The Agency should also be tasked with contributing to the development of interoperability between large-scale IT systems in the follow-up to the final report of the High-level expert group on information systems and interoperability of 11 May 2017 and the Commission's Seventh progress report towards an effective and genuine Security Union of 16 May 2017."


- Roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area: - Update following Council Conclusions on interoperability (LIMITE doc no: 12223-REV-3-17, pdf)

And see: JHA Roadmap on interoperability: Agencies get moving (Statewatch News)


- Proposal for a Directive amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS) General approach (LIMITE doc no: 15102-17, pdf)

Previous document: 15201-17 (LIMITE doc, pdf)

And see: European Criminal Records System (ECRIS) and Third Country Nationals (Statewatch News)

Freezing and confiscation

- Proposal for a Regulation on the mutual recognition of freezing and confiscation orders - General approach - "Certificates" (LIMITE doc no: 14591-17, pdf) and

- General Approach (LIMITE doc no: 14590-17, pdf)

PNR Directive

- Update on the Informal Working Group on PNR (LIMITE doc no: 14710-217, pdf):

"To encourage detailed discussions between experts from the participating Member States, the meeting included two working sessions in four separate sub-working groups (“Operations”, “Legal”, “Carrier connection”, “Interoperability”)."

And see: PNR Directive: Member States want to go beyond EU rules and share "additional information" (Statewatch News)

CSDP missions-operations and JHA Agencies

- Cooperation between CSDP missions/operations and JHA agencies (LIMITE doc no:14265-17, pdf)

See also: Operation Sophia anti-migrant smuggling mission to host "crime information cell" pilot project (Statewatch News)

Asylum Package

- Summary of state of play (LIMITE doc no: 15057-17, pdf)

And see: Reforming the 'Common European Asylum System' and the resettlement system: progress report (Statewatch News)

CEAS - Common procedures

- Proposal for a Regulation establishing a common procedure for international protection (LIMITE doc no: 14978-17, pdf): 38 Footnotes including Member State positions) and see: Policy debate on the safe third country concept (LIMITE doc no: 12331-17, pdf)

CEAS - Reception

- Proposal for a Directive laying down standards for the reception of applicants for international protection (recast) (first reading)- Mandate for negotiations with the European Parliament (LIMITE doc no: 15204-17, pdf)

CEAS - Qualification

- Proposal for a Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection...,(LIMITE doc no: 14731-17, pdf)

Data Retention

- Data retention: Retention of electronic communication data = Policy debate (LIMITE doc no: 14480-REV-1-17, pdf):

"The common reflection process on issues related to data retention was launched under the Maltese Presidency to assist Member States in analysing the requirements of the ECJ case-law and explore possible options for ensuring the availability of data for the purposes of prevention and prosecution of crime."

See also: Data retention = preparation of Council debate (LIMITE doc no:14068-17, pdf) and Retention of communication data for the purpose of prevention and prosecution of crime - specific elements in light of the ECJ case-law = exchange of views (LIMITE doc no: 14835-17, pdf)

And see:Member State data retention regimes - what's changed? The answer is very little so far (Statewatch News)

EU accession to ECHR

-Accession to the European Convention on Human Rights (LIMITE doc no:14936-17, pdf)

- CJEU(Press release, pdf): "The Court of Justice delivers its opinion on the draft agreement on the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms and identifies problems with regard to its compatibility with EU law."

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