EU: Justice and Home Affairs Council19-20.3.96
01 March 1996
The Council did not tackle the controversial issue of the data to be stored on the Europol computer nor, yet again did it resolve the role of the European Court of Justice in the Europol Convention (see Europol feature).
But it did finally adopt the Joint Action on racism and xenophobia; the Italian Presidency took the EURODAC project to fingerprint all asylum-seekers a step further by starting work on a draft Eurodac Convention; and two more draft Conventions emerged on the serving of legal papers and on corruption of EU and national officials.
Conventions in the pipeline
The three new Conventions being drafted brings the total number of "third pillar" Conventions to 13:
Conventions signed by governments but not ratified by national parliaments yet
Convention determining the state responsible for examining applications for asylum lodged in one of member states of the European Communities (known as the "Dublin Convention". Rafitied by 10 of the 12 EU states which signed it in June 1990. Ireland and the Netherlands have yet to complete ratification).
Convention on simplified extradition (signed by the 15 governments on 9 March 1995. Known as the "voluntary" extradition measure)
Europol Convention (signed by COREPER, the body of representatives of the 15 national governments, on 26 July 1995. The ratification process is being held up over the role of the European Court of Justice)
Convention on the uses of information technology for customs purposes (CIS) (signed by COREPER, the body of representatives of the 15 national governments, on 26 July 1995. Known as the Customs Information System Convention)
Convention on the protection of the Communities financial interests (signed by COREPER, the body of representatives of the 15 national governments, on 26 July 1995)
Convention on bankruptcy (signed by the last three states - Ireland, Netherlands and UK on 19 March 1996)
Draft Conventions awaiting agreement and signing by governments
Draft Convention on the crossing of the external frontiers (awaiting agreement since 1990, see below. Known as the External Borders Convention)
Draft Convention setting up a European Information System (EIS) (contingent on agreement on the External Borders Convention)
Draft Convention on extradition between the Member States of the European Union (see below)
Draft Convention on the scope, jurisdiction and the enforcement of judgements in matrimonial matters (Brussels Convention II)
Draft Convention on the service in the States of the European Union of Judicial and Extrajudicial Documents in Civil or Commercial Matters
Draft Convention on EURODAC (see below)
Draft Convention on corruption of officials in the EU (see below)
Joint Action concerning action to combat racism and xenophobia
The Council finally agreed on the text of the Joint Action to combat racism and xenophobia which had been blocked by objections from the UK at its last meeting in November 1995. By being allowed to add a "Declaration", which has the effect of ensuring there is no need for changes in UK law, Mr Howard withdrew his objection. Joint Actions, under Article K.3.2(b) of the Maastricht Treaty, are usually intended to be binding but this one has four Declarations attached to it - by Greece, France, Denmark and the UK.
The measure seeks to make it a criminal offence, under Title IA throughout the EU for: a) public incitement of discrimination, violence or racial hatred; b) "public condoning, for a racist or xenophobic purpose, of crimes against humanity and human rights violations"; c) public denial of crimes defined in the postwar London Agreement of 1945 (such as the Holocaust); d) public dissemination of material "containing expressions of racism and xenophobia"; e) "Participation in the activities of groups, organisations or associations, which involve discrimination, violence, or racial, ethnic or religious hatred." Title IB calls fo