EU: Justice and Home Affairs Council27/28 May 1999
01 May 1999
The meeting of the Justice and Home Affairs Council in Brussels on 27-28 May, under the German Presidency, was a low-key affair. The draft Convention on Mutual Assistance in criminal matters had advanced but several major problems remained. The JHA Council proposal for creating a fingerprint database for asylum-seekers and suspected "illegal" immigrants was re-presented by the Commission with minor amendments, and the imminent operational start of Europol was, finally, given as 1 July.
Eurodac: Mrs Gradin, for the Commission, presented a proposal for a Regulation on Eurodac. The Commission proposed Regulation includes both the draft Convention and the draft Protocol (which extends fingerprinting to suspected "illegal" immigrants). The only change from the Council's version is the inclusion of data protection clauses in line with Community law. The European Parliament's rejection of the Protocol is ignored, although it will now have another chance when it is consulted over the new text.
Re-admission agreements: EU member states usually in favour of "harmonisation" could not agree on a policy on re-admission agreements. With immigration and asylum, under Title IV of the TEC, under the first pillar some member states believe the Community's competence in this area is exclusive. Other member states believe the Community's competence is "concurrent" with that of member states and that member states remain free to act as long as the Community has not concluded an agreement on the specific issue. The JHA Council was, however, unanimous in its belief that "Readmission agreements constitute a valuable instrument of an active expulsion policy."
High Level Group on Asylum and Migration: A report from the High Level Group was presented on progress with a view to submitting country-by-country Action Plans for adoption at the Tampere European Council. The Group set up in December 1998 was given its brief by the General Affairs Council in January (see Statewatch vol 9 no 1). Five countries and their neighbouring regions were selected and assigned an EU state to take the lead in preparing the action plan. The countries are: Afghanistan/Pakistan (Netherlands), Albania (Italy and Austria), Morocco (Spain), Somalia (Sweden) and Sri Lanka (UK). Due to the war in Kosovo Albania and its neighbouring region the Group "might not be in a position to submit" this action plan. To the remaining four countries/regions is added the January 1998 Action Plan on Iraq and its neighbouring region.
Common standards for asylum procedures: The Council held its first discussion on the Commission proposal for "Common standard on asylum procedures". Two issues are worth noting. First, the Commission put forward two - opposite - views of the way forward. The first is termed the "flexible approach" which would set certain common safeguards and guarantees but leave member states freedom to vary implementation. The second is termed "the stricter approach" which would require all EU member states to apply exactly the same procedures. The second issue was whether there could be a common list of "safe third countries". Some member states said the use of this concept had not "brought about the expected success" - which is interesting in view of a UK court ruling that Germany and France are not "safe" countries for the UK to return people to in some cases.
Europol start and budget: With all EU member states expected to complete the ratification of the Protocol on Privileges and Immunities and the rules for the Europol Joint Supervisory Body adopted on 29 April it was expected to be fully operational on 1 July. In 1999 Europol had a budget of 18,896,000 euros and a total of 189 posts. Mr Storbeck, Europol's Director, is asking for 30,657,500 euros and 203 posts in 2000. A majority of member states favour a budget of 28,344,000 euros and 193 posts.
Applicant countries: The Council agreed on 29 June 1998 to create an "evaluation mechanism" for the adoption an