EU: Justice and Home Affairs Council2 December 1999
01 November 1999
The Justice and Home Affairs Council on 2 December in Brussels adopted as an "A" Point (without debate) a Decision on standard readmission clauses on the "repatriation of persons illegally resident in a Member State" to be used in Community and mixed agreements (agreements with third countries, or rather usually third world countries). The Decision has a bearing on issues such as the High Level Group on Asylum and Migration's Action Plans for five third world countries as well as others to be added over the next year (see, Statewatch, vol 9 no 5). The text reads as follows:
The Council of the European Union has decided that the standard clauses set out below should be included in all future Community agreements and in agreements between the European Community, its Member States and third countries:
Article A
The European Community and State X agree to cooperate in order to prevent and control illegal immigration. To this end:
- State X agrees to readmit any of its nationals illegally present on the territory of a Member State of the European Union, upon request by the latter and without further formalities;
- and each Member State of the European Union agrees to readmit any of its nationals, as defined for Community purposes, illegally present on the territory of State X, upon request by the latter and without further formalities.
The Member States of the European Union and State X will also provide their nationals with appropriate identity documents for such purposes.
Article B
The Parties agree to conclude upon request an agreement between State X and the European Community regulating the specific obligations for State X and the Member States of the European Community for readmission, including an obligation for the readmission of nationals of other countries and stateless persons.
Article C
Pending the conclusion of the agreement with the Community referred to in Article B, State X agrees to conclude, upon request of a Member State, bilateral agreements with individual Member States of the European Community regulating the specific obligations for readmission between State X and the Member State concerned, including an obligation for the readmission of nationals of other countries and stateless persons.
Article D
The Cooperation Council shall examine what other joint efforts can be made to prevent and control illegal immigration.
Other issues
UK/Spain: The meeting opened with Mr Mayor Oreja, Spanish Interior Minister, raising the issue the dispute between the UK and Spain over the status of Gibraltar, which was holding up six measures - the Convention on Mutual Assistance in criminal matters, the Regulation on insolvency proceedings, the Regulation on the service of judicial and extra-judicial documents in civil or commercial matters, the Regulation on Eurodac, the negotiation mandate on a parallel Dublin agreement with Norway and Iceland, and the Decision concerning the UK application to participate in some of the provisions of the Schengen acquis. Under the Treaty of Utrecht of 1713 control of Gibraltar would pass to Spain if the UK renounced sovereignty. No resolution was reached.
The "scoreboard" of JHA measures: the Commission's proposal for a "scoreboard" was not ready, but would be based on the deadlines set out in the Amsterdam Treaty, the 1998 Vienna Action Plan on establishing an area of freedom, security and justice and the Tampere Council Conclusions.
Draft Convention on Mutual Assistance in criminal matters: (see feature in this issue on EU-FBI plan). Back in 1997 this draft Convention required the simple updating of the 1959 Council of Europe Convention. Then along the EU-FBI telecommunications surveillance plan (plus "covert operations" and "cross border investigation teams"), followed by revised "Requirements" to be placed on service and internet providers in 1998, which has held up agreement among the member states for two years. Two other<